People v. Lavatai CA2/7

INTRODUCTION

Mika Lavatai appeals from the judgment after a jury convicted him of second degree murder. He argues that the trial court erroneously refused his requested instruction on involuntary manslaughter, and violated his Fifth Amendment rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) by admitting evidence of incriminating statements Lavatai made to law enforcement. We conclude that there was no substantial evidence from which a jury could reasonably find Lavatai committed involuntary manslaughter but not murder, and that his Fifth Amendment argument is not preserved for appeal. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Renteria Goes Dancing with His Girlfriend In August 2012 Juan Carlos Renteria (Renteria) had been dating Mariela Orellana for approximately two months. Prior to that, she had been dating Armando Campos for two years. When Orellana began dating Renteria, Campos became jealous, told Orellana that he wanted to resume their relationship, and said that Renteria was a “womanizer” who was just “playing around” with her. On August 8, 2012 Renteria went dancing with Orellana at a restaurant in the City of Commerce, at…