Rios

I. INTRODUCTION

Defendant, Cesar Joe Rios, appeals from his carjacking conviction. (Pen. Code, 1 § 215, subd. (a).) The jury further found defendant personally used a handgun in the commission of the offense. (§ 12022.53, subd. (b).) Defendant was sentenced to the low term of three years for the carjacking plus 10 years for firearm use. Defendant was ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)(1)); a $200 parole revocation restitution fine (§ 1202.45); and a $20 court security fee (§ 1465.8, subd. (a)(1)). Defendant received credit for 317 days in pretrial custody plus 48 days of conduct credit for a total presentence custody credit of 365 days.

In the published portion of this opinion, we discuss defendant’s contention his custodial statement was admitted into evidence in violation of Miranda v. Arizona (1966) 384 U.S. 436, 444-445, 473-474 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ], Defendant contends his confession was inadmissible because the rule of implied waiver of constitutional rights first articulated by the United States *495 Supreme Court in North Carolina v. Butler (1979) 441 U.S. 369, 371-379 [ 60 L.Ed.2d 286 , 99 S.Ct. 1755 ], was abrogated by the…

Concurring. I concur that under the circumstances of this case there was sufficient evidence to justify the conclusion that defendant voluntarily waived his rights before making statements. Therefore his admissions were admissible.

Appellant’s petition for review by the Supreme Court was denied February 24, 2010, S179080. Baxter, J., did not participate therein.

Defendant, Cesar Joe Rios, appeals from his carjacking conviction. (Pen. Code, [1] § 215, subd. (a).) The jury further found defendant personally used a handgun in the commission of the offense. (§ 12022.53, subd. (b).) Defendant was sentenced to the low term of 3 years for the carjacking plus 10 years for firearm use. Defendant was ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)(1)); a $200 parole revocation restitution fine (§ 1202.45); and a $20 court security fee (§ 1465.8, subd. (a)(1)). Defendant received credit for 317 days in pretrial custody plus 48 days of conduct credit for a total presentence custody credit of 365 days.

In the published portion of this opinion, we discuss defendant's contention his custodial statement was admitted into evidence in violation of Miranda v. Arizona (1966) 384 U.S. 436, 444-445, 473-474 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ]. Defendant contends his confession was inadmissible because the rule of implied waiver of constitutional rights first articulated by the United States Supreme Court in North Carolina v. Butler (1979) 441 U.S. 369, 371-379 [ 60 L.Ed.2d 286 , 99 S.Ct. 1755 ], was abrogated by the decision in…