P.

FACTS AND PROCEDURE

On June 4, 2009, defendant went to a used car dealership and met with a

salesperson about purchasing a car. Defendant gave the dealership a check for the down

payment in the amount of $1,474.78, along with a credit application. He also submitted a

copy of his phone bill and drivers license. The next day he returned with a pay stub as

proof of income. The credit application was approved. On June 13, defendant signed a

retail installment contract, completed the transaction and took possession of the car. The

amount to be paid for the car was $19,328.

Defendant did not make any payments on the car. The check defendant wrote for

the down payment was returned by the bank unpaid because the account had been closed

in September 2008.

An investigator with the California Highway Patrol arrested defendant on

September 9, 2009. After the investigator obtained a Miranda1 waiver from defendant,

the investigator interviewed defendant for about 45 minutes. During the interview, which

Miranda v. Arizona (1966) 384 U.S. 436.

2 was audio recorded and later played for the jury, defendant admitted the following: he

knew the bank account upon which he had…