Nitschmann

People v. Nitschmann

Caution
1995 Cal. App. LEXIS 498·35 Cal. App. 4th 677·41 Cal. Rptr. 2d 325·95 Cal. Daily Op. Serv. 4083
Court of Appeal of CaliforniaMay 31, 1995B086841California1,585 words

Opinion

Opinion

Yegan, J.

Ralph Helmut Nitschmann has led a life of crime. The probation report shows a 20-year history of offenses not counting his “lengthy juvenile criminal history.” We count 17 separate adult arrests. Based on his prior contacts with law enforcement, television, or other sources, appellant has committed the basic rules of Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) to memory even though he may not have mastered its subtleties. His recitation of the basic rules of Miranda after arrest in this case formed an adequate basis for the trial court to rule that his inculpatory statements were admissible in evidence. We affirm the judgment.

Appellant was convicted in a jury trial of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).) The trial court found that appellant had previously served a prison sentence within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to state prison for the upper four-year term on the substantive offense, plus one additional year for the prior prison term.

He appeals contending that “[t]he trial court should have excluded…

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