Celestine

Convicted by jury of possessing rock cocaine (Health & Saf. Code, § 11350, subd. (a)) appellant admitted a Penal Code section 12022.1 allegation (on bail in another case at the time of committing the instant offense), and was placed on three years probation on various conditions including that he not associate with his co-arrestee girlfriend.

Appellant contends: (1) the trial court committed Miranda error and (2) the “do not associate” with your co-arrestee girlfriend probation condition is invalid.

We find no error and affirm the judgment.

*1373 Discussion

A. Appellant contends the trial court committed Miranda error.

Prior to the presentation of evidence, appellant moved to suppress his statements. The trial court conducted an evidentiary hearing. (Evid. Code, § 402.) Five witnesses, including appellant, testified. It was undisputed that when appellant made his statements he was in custody and had not been advised of his Miranda rights. The sole issue was whether his statements were volunteered or the result of questioning or its functional equivalent. (Rhode Island v. Innis (1980) 446 U.S. 291 [ 64 L.Ed.2d 297 , 100 S.Ct. 1682 ].)

The trial court determined the…

I concur in the affirmance of the probation condition but would not reach that issue were I in the majority, because I respectfully dissent on the Miranda issue.

Since the majority’s sketchy and sanitized recitation of the facts fails to capture the lull flavor of the events leading up to appellant’s admission without benefit of Miranda warnings, I find it necessary to tell the full story. Although appellant’s version differed somewhat from the arresting officers’ and portrayed an even more intimidating environment, the following account is based on what the officers’ admitted to have occurred.

With a search warrant in their possession, Deputy Sheriffs Robert Barton and Phil Morris, along with half a dozen of their colleagues, converged on an apartment house at 9053 Willis in Panorama City. As they sped up to the building a brown Datsun “Z” was just leaving the driveway. One of the squad cars blocked the driveway while the other officers jumped out of their vehicles and raced up to apartment 3, the unit the warrant authorized them to search. Shortly thereafter, Deputy Morris returned and joined the two officers who were holding the two occupants of the Datsun “Z” at…

WOODS (Fred), J.

Convicted by jury of possessing rock cocaine (Health & Saf. Code, § 11350, subd. (a)) appellant admitted a Penal Code section 12022.1 allegation (on bail in another case at the time of committing the instant offense), and was placed on three years probation on various conditions including that he not associate with his co-arrestee girlfriend.

Appellant contends: (1) the trial court committed Miranda error and (2) the "do not associate" with your co-arrestee girlfriend probation condition is invalid.

We find no error and affirm the judgment.

Prior to the presentation of evidence, appellant moved to suppress his statements. The trial court conducted an evidentiary hearing. (Evid. Code, § 402.) Five witnesses, including appellant, testified. It was undisputed that when appellant made his statements he was in custody and had not been advised of his Miranda rights. The sole issue was whether his statements were volunteered or the result of questioning or its functional equivalent. ( Rhode Island v. Innis (1980) 446 U.S. 291 [ 64 L.Ed.2d 297 , 100 S.Ct. 1682 ].)

The trial court determined the statements were volunteered and that there was no functional…