P. .v Cisneros CA3

BACKGROUND

A recitation of the details surrounding defendant’s underlying offense is unnecessary to the resolution of this appeal. It is sufficient to state that on February 10, 2012, the residential alarm was activated at the home of Helen Cummins. A neighbor saw defendant and Colard standing at Cummins’s gate and fence, saw one of them jump over the fence, and then saw them both running down the street. Shortly thereafter, officers apprehended both men. While defendant and Colard were in the patrol car following their arrest, an audio/video recording of their conversation was made. During that conversation, defendant said, “Just say I went with you and then you split up to buy drugs and then you decided to rob her. Just do it bro.” Colard replied: “No. Hell, no. Fuck you, (unintelligible). Fuck you. Don’t try to do that.” Defendant responded: “Oh, my -- hey. OK, I wasn’t with you. Just say I wasn’t with you.” After a short discussion of what their story would be, defendant said, “Hey. Listen. Just say I didn’t have nothin’ to do with it bro.” Colard interjected that he intended to plead not guilty because he had to make it to his father’s funeral. Defendant continued, “Promise…