Loftis

Appellant was found guilty after trial by jury of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) with the personal use of a firearm (Pen. Code, § 12022.5) and being under the influence of a controlled substance, phencyclidine (PCP) (Health & Saf. Code, § 11550, subd. (b)). He appeals.

Statement of Facts

A. Facts Related to Waiver of Miranda Rights.

On December 11, 1982, Bakersfield police arrested appellant at approximately 1:30 p.m. Bakersfield Police Officer Don Martin transported appellant to jail. Shortly before 2 p.m., Martin interrogated appellant. Before questioning, Martin advised appellant of his constitutional rights by reading a standard Miranda warnings card. Appellant did not appear to have any difficulty understanding his rights. He understood his rights and would talk to Martin about the incident.

At the time of the interrogation, appellant exhibited symptoms of PCP influence. A nystagmus test showed a positive reaction. Appellant’s speech was slurred, at first he paused for a long time before answering questions, and he made facial grimaces. However, his answers were responsive and appropriate to those questions. Martin testified he had…