Leal

A jury found defendant Juan Diego Leal guilty of two counts of forcible lewd acts on Jane Doe I, a child under the age of 14 (Pen.Code, § 288, subd. (b)(1)). The jury could not reach a verdict on two alternative child molestation charges involving Jane Doe II. [1] Defendant was sentenced to 12 years in state prison. On appeal he contends the trial court erred by allowing the prosecution to elicit evidence of his response to Deputy Dona because the statement "was the product of custodial interrogation without Miranda [2] warnings and was admitted against [him] in violation of his rights under the Fifth and Fourteenth Amendments." Defendant also contends the trial court erred by failing to instruct the jury on admissions pursuant to CALJIC Nos. 2.71.5 and 2.71 and by defining "duress" to include "a direct or implied threat of `hardship.'" (Emphasis and capitalization omitted.)

In the fall of 1999, 11-year-old Jane Doe I was in the sixth grade. At that time, defendant was the boyfriend of Jane Doe I's aunt Maria, and Jane Doe I had known him a "long time" although she could not recall for "how many years."

Jane Doe I's mother had known defendant for six or seven years.…