Warner

Defendant Michael Warner appeals from a judgment (order granting probation) following conviction of unlawful sexual intercourse (Pen. Code, § 261.5) between June and July 1983 (count II), and two counts of lewd conduct (Pen. Code, § 288, subd. (a)) between September 1980 and June 1981, with his adopted daughter. Defendant challenges the admission of some of his postarrest statements as elicited in violation of the California rule of People v. Pettingill (1978) 21 Cal.3d 231 [ 145 Cal.Rptr. 861 , 578 P.2d 108 ], and its progeny, that once a suspect has invoked his Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) right to remain silent, any police-initiated interrogation violates his privilege against self-incrimination under the California Constitution. We hold that Proposition 8 abrogated the Pettingill rule; and that defendant’s statements pertaining to post-Proposition 8 acts were properly admitted under the federal rule of Michigan v. Mosley (1975) 423 U.S. 96 [ 46 L.Ed.2d 313 , 96 S.Ct. 321 ],

Facts

The evidence at the section 402 (Evid. Code) hearing established the following: defendant was arrested at his home…