People v. Miller

Defendant Brian Jeffrey Miller was convicted after jury trial of two counts of illegally possessing an explosive (picric acid and smokeless powder), two counts of illegally possessing a destructive device (incendiary and tracer ammunition), one count of illegally possessing dangerous fireworks, and one count of misdemeanor child endangerment. He contends on appeal that his suppression motion should have been granted and that instructional errors necessitate reversal. We disagree and will affirm.

Facts

During the morning of August 6, 1995, Randy Raines saw a small child wandering around the neighborhood unattended. His wife, Jona BowenRaines, approached the child, who was calling for his mother. Lywinda Brittain Keast noticed the pair and approached. Ms. Keast told Ms. BowenRaines that the boy was named Jeffrey, and where he lived. Ms. Keast had found him alone in the street 10 days ago and had taken him back to the Miller residence. Ms. Bowen-Raines took Jeffrey to her house and called the police.

Bakersfield Police Officer Robert Grady arrived at the Raines’s residence shortly before 11:00 a.m. He spoke with both Ms. Bowen-Raines and Ms. Keast. Both women “expressed…