People v. Guzman CA4/3

INTRODUCTION

Defendant Andrew Cuevas Guzman appeals from the judgment entered after a jury found him guilty of forgery, possession of a forged instrument, possession of a fictitious instrument, and second degree burglary. The trial court found Guzman had suffered two prior strike convictions and served two prior prison terms. Guzman contends the trial court erred by admitting evidence of statements he made to police officers before he was read his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). He also contends the case should be remanded for resentencing in light of the passage of Proposition 36, also known as the Three Strikes Reform Act of 2012, following his sentencing hearing. We affirm. Guzman was not in custody at the time he made the statements at issue; therefore, Miranda did not apply. Guzman has failed to establish any basis for resentencing.

BACKGROUND

Guzman was charged in an information with forgery, in violation of Penal Code section 470, subdivision (d) (count 1); possession of a forged instrument, in violation of Penal Code section 475, subdivision (a) (count 2); possession of a fictitious instrument, in violation of Penal Code section 476 (count…