People v. Villaneda CA6

Filed 2/20/15 P. v. Villaneda CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040183

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. F1346011)

v.

DAVID VILLANEDA,

Defendant and Appellant.

Defendant David Villaneda was convicted by jury trial of attempted first degree burglary (Pen. Code, §§ 459, 460, subd. (a), 664).1 He was sentenced to a total term of 11 years in prison. On appeal, he argues the trial court erred in admitting the statements he made to a police officer following a parole search of his apartment, because he was in custody during the interrogation and the officer failed to advise him of his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). He argues the…