People v. Sanchez CA2/8

BACKGROUND

Sanchez was charged with one count of attempted second degree robbery. It was further alleged that Sanchez had a prior robbery conviction and was on probation at the time of the current offense. The prior conviction was alleged to be a serious or violent felony and a prior strike conviction under the “Three Strikes” law. (Pen. Code, §§ 667, 667.5, 1170.12.) Sanchez’s motion to exclude his admission based on Miranda was denied. (Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).) At trial, Filipe Cervantes testified that on January 26, 2015, he was working at Plaza Mexico, painting over graffiti. Defendant approached Cervantes and told him he had a gun. Defendant was with another man and said that if Cervantes did not give him money he would shoot. Defendant hit Cervantes on his shoulder. Cervantes told defendant that he did not have any money. Sheriff’s Deputy Manual Solis testified that after giving defendant Miranda warnings, defendant admitted, “I try to rob worker, but I did not take nothing. I need money and don’t work.” Defendant testified and denied attempting to rob Cervantes. Defendant testified Deputy Solis told him to admit the attempted robbery causing him…