People v. Vargas CA4/2

statement of the case, and identifying three potentially arguable issues: (1) whether the

court erred in determining defendant waived his Miranda3 rights during his postarrest

interview; (2) whether the court erred in denying defendant’s Romero4 motion; and

(3) whether the court improperly imposed five years on the prior serious felony

conviction enhancement.

We offered defendant the opportunity to file a personal supplemental brief, which

he has not done. We affirm.

1 The jury found defendant not guilty of criminal threats. (Pen. Code, § 422, count 4).

2 The court also found true two of six aggravating factors alleged by the People.

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

4 People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

I. FACTUAL AND PROCEDURAL BACKGROUND

The victim testified that on December 7, 2023, as soon as he finished pumping

gas, defendant lunged at him with a gun. Defendant told the victim to give him

everything he had, or he would kill the victim. The victim gave defendant his money;

defendant grabbed the keys from the victim’s hand. Defendant entered the victim’s truck

and drove away.

An officer testified that he heard dispatch broadcast…