Miranda

People v. Miranda

Good Law
186 Cal. Rptr. 3d 911·2015 Cal. App. LEXIS 406·236 Cal. App. 4th 978
Court of Appeal of CaliforniaMay 13, 2015B256806California4,931 words

Opinion

Opinion

Rubin, J.

David Miranda appeals from his convictions for making criminal threats and resisting arrest, contending that the trial court erred by granting his pretrial motion to represent himself and by not later reversing that order after his mental health issues became apparent during the trial. We affirm because the record shows that his waiver of the right to counsel was knowing and voluntary, and there was no showing that he was unable to perform the basic tasks needed to represent himself without the help of counsel.

FACTS AND PROCEDURAL HISTORY

At around 4:00 p.m. on September 23, 2013, Ana Miranda called 911 to report that her son David Miranda, 25, had a gun and was going to kill her or others. By the time the police arrived, however, Miranda had left the scene. At around 10:00 p.m. that night, Miranda approached Ruth Reyes, who lived in an adjacent apartment building, and threatened to get his gun and kill her and “kill you all.” Reyes called 911, prompting Los Angeles Police Officers Smith and Franco to come to the scene.

As the officers interviewed Reyes they heard Miranda screaming, “Fuck you” and “What the fuck you looking at?” Miranda was more than six feet six…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.