Morales

Filed 7/14/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067411

Plaintiff and Respondent,

v. (Super. Ct. No. FVA1100130)

JOEL RODRIGUEZ MORALES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County,

Stephen A. Mapes, Judge. Reversed with directions.

Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Eric Swenson and Ryan H. Peeck, Deputy Attorneys General, for Plaintiff and

Respondent. A jury found defendant and appellant Joel Rodriguez Morales guilty of second

degree murder (Pen. Code,1 § 187, subd. (a)) and found true the allegation that he

personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). The court

sentenced defendant to 15 years to life in prison consecutive with the one-year

enhancement.

On appeal, defendant contends a police station interview turned custodial when

officers pre-Miranda2 repeatedly accused defendant—the prime…