Anthony

Introduction

In this case we are asked to determine whether a defendant, incarcerated in jail, who initiates telephone conversations with the police at another facility, is “in custody” such that Miranda warnings are required. We hold that he is not.

Procedural History

Following a court trial, Carnell Anthony (appellant) was found guilty of second degree murder (Pen. Code, § 187, count I) and attempted second degree murder (Pen. Code, §§ 664/187, count III). The court found defendant not guilty of robbery (Pen. Code, § 211) as charged in counts II and IV of the information. A minute order in the clerk’s transcript states that, as to counts I and III, the trial court found true the allegations that in the commission/attempted commission of those offenses, appellant personally used a firearm, to wit, a handgun, within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1). However, the reporter’s transcript of the court’s oral pronouncement of judgment contains no such findings.

Appellant was denied probation and was sentenced to the term of seventeen years to life on count I (fifteen years to life for second degree murder, plus a two-year…