Gilliard

A jury convicted defendant of mayhem (Pen. Code, § 203) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and found that in the commission of both offenses defendant used a firearm. (Pen. Code, § 12022.5.) The trial court, relying on the public safety exception to the Miranda rule (New York v. Quarles (1984) 467 U.S. 649 [ 81 L.Ed.2d 550 , 104 S.Ct. 2626 ]), overruled defendant’s objection to the admission of his postarrest reponse to a police question asked without a prior Miranda warning and waiver. The propriety of that ruling is challenged on appeal. We shall affirm.

At 2:30 a.m. Officer Joe Pane received a report on his police radio of “shots fired” in the vicinity of 35th Avenue and Wymore; the suspect was reportedly a Black male. As Pane approached the area he observed defendant walking away from 35th Avenue. Defendant, a Black male, was shirtless, appeared to have blood on his pants and shoes and was carrying a small shaving kit. Defendant appeared drunk and in a daze. Pane arrested defendant for being drunk in public (Pen. Code, § 647, subd. (f)) and believing he may have been involved in the reported shooting, transported him to the location where…