People v. Wolcott CA1/1

BACKGROUND

Defendant was charged in an information, filed April 12, 2012, with second degree robbery (Pen. Code, § 211) and assault with force likely to cause great bodily injury (Pen. Code, § 254, subd. (a)(4)). An enhancement allegation that defendant caused great bodily injury was later stricken by the district attorney’s office. At a bus stop, defendant sat down next to a woman who was speaking on a cell phone. As the woman ended the call, defendant hit her and grabbed for the phone. The victim held on, and they struggled. When defendant rose to leave the shelter, the victim grabbed his shoulders and was dragged several feet before losing her grip and landing

1 awkwardly on the sidewalk. The cell phone flew into the air, landing on the ground nearby, and defendant began to run. Onlookers chased him down. Defendant was interviewed at a police station. The officers did not deliver the Miranda warnings (Miranda v. Arizona (1966) 384 U.S. 436 (Miranda)) until approximately seven minutes into the interview, after preliminary questions about defendant’s background, criminal history, and activities on the morning of the assault. When told he had the right to remain silent and…