Lopez

People v. Lopez

Caution
163 Cal. App. 3d 602·1985 Cal. App. LEXIS 1518·209 Cal. Rptr. 575
Court of Appeal of CaliforniaJanuary 11, 1985A024651California2,876 words

Opinion

Opinion

Agliano, J.

Defendant Charles Lopez appeals from a judgment of conviction, upon a jury verdict, of possession of stolen property (Pen. Code, § 496). The sole error asserted to justify reversal is that he was not advised of his rights per Miranda before being questioned by a police officer. Therefore, he contends, his statements in response to questioning were improperly admitted in evidence.

We find defendant’s contention to be without merit and affirm the judgment.

The following facts were developed at the Evidence Code section 402 hearing held to determine the admissibility of defendant’s statements:

On June 5, 1983, at 9:15 p.m., Santa Clara County Deputy Sheriff Larry Robbins observed a speeding station wagon which almost struck his patrol car. He pursued it for a mile and a half to two miles with lights and siren on, before it pulled over. The occupants initially hid by slumping down in the station wagon, but defendant, who was in the back seat, sat up and then slumped down again. Robbins approached the vehicle after Deputy Sheriff Nancy Ludcke arrived in another patrol car. He ordered the three occupants, Mr. Machado, who was the driver, and Dora Ramirez and defendant out of…

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