Roundtree

Alphonso Eddie Roundtree (appellant) appeals from a judgment upon a jury verdict finding him guilty of rape (Pen. Code, § 261, subd. (a)(2)); unlawful sexual intercourse (§ 261.5, subd. (d)); and lewd or lascivious act on a child under the age of 14 (§ 288, subd. (a)). In a bifurcated proceeding, the trial court found true the allegations that appellant suffered four prior prison terms within the meaning of section 667.5, subdivision (b) and that he was ineligible for probation (§ 1203, subd. (e)(4)). Appellant contends that the trial court erred in its instructions to the jury following an inquiry by the jury during deliberations. He also argues that his statement was admitted into evidence in violation of Miranda. We affirm.

Facts

On May 28, 1997, Jennifer, who was 15 years old, was living at Daytop, a group home, in Redwood City. She ran away from Daytop about 5:30 or 6:00 p.m. that day after being subjected to a “haircut,” a session in which she was criticized for her behavior during a group session.

Jennifer wandered around and eventually got a ride to East Palo Alto. Jennifer’s mother was living in á residential program at Daytop Adult Services in East Palo Alto.…