Patterson

Certified for Partial Publication. [*]

Appellant Trynun Patterson appeals the judgment following his convictions for robbery and first degree murder. After review, we modify the sentence, and as modified, we affirm. In the published portion of our opinion, we apply the recent decision in Atwater v. City of Lago Vista (2001) 532 U.S. 318 , 121 S.Ct. 1536 , 149 L.Ed.2d 549 , and hold that a custodial arrest for a fine-only misdemeanor offense, even if it violates California law, does not require the suppression of evidence obtained as a product of the arrest.

In accord with the usual rules of appellate review, we state the facts in the light most favorable to the judgment. ( People v. Ochoa (1993) 6 Cal.4th 1199, 1206 , 26 Cal.Rptr.2d 23 , 864 P.2d 103 .) On May 3, 1999, appellant Trynun Patterson and three others robbed a jewelry and music store in Long Beach. During the robbery, one of appellant's accomplices shot and killed the store's owner, Gary Kim. Two days later, police arrested appellant for possession of less than one ounce of marijuana. Although not yet suspected of the robberies and murder, he was interviewed by homicide detectives to see if he knew…