People v. Diaz CA1/2

BACKGROUND

In July 2011, the Alameda County District Attorney filed an information charging defendant with one count each of the theft of a van (Veh. Code, § 10851, subd. (a)), the grand theft of flat screen televisions and computers that were in the van (Pen. Code,

1 § 487, subd. (a)),1 and the willful, deliberate, premeditated attempted murder of Brower while Brower was engaged in the performance of his duty (§§ 187, subd. (a), 664). The attempted murder count included allegations that defendant personally inflicted great bodily injury upon Brower (§ 12022.7, subd. (a)) and used a deadly weapon, the van, in doing so (§ 1192.7, subd. (c)(23)). The information also included allegations that defendant had suffered a prior conviction for grand theft and served a prior prison term within the meaning of section 667.5, subdivision (b). Prior to trial, defendant moved to suppress statements he made in the course of an approximately three-and-a-half hour interrogation by two detectives that began about nine hours after his arrest, contending that his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) were not adequately communicated, given, and understood. After…