Rascon

People v. Rascon

Caution
10 Cal. App. 5th 388·2017 Cal. App. LEXIS 298·216 Cal. Rptr. 3d 385·2017 WL 1210051
Court of Appeal of CaliforniaApril 3, 2017No. B269000California2,398 words

Opinion

lead Opinion

Rothschild, J.

Alice Rascón appeals from the judgment entered on her convictions for drug, firearm, and ammunition possession. She contends the trial court admitted a confession taken in violation of Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ] (Miranda) in that the police interrogated her in a way calculated to undermine her ability to make a free and rational choice about speaking. Rascón also contends insufficient evidence supported two firearm enhancements, and a sentence on one count should have been stayed because it constituted multiple punishment for a single act. She further contends that she is entitled to have her sentence for felony possession for sale of marijuana reduced to a misdemeanor. We agree that sentence on one of the counts should have been stayed, and otherwise affirm.

BACKGROUND

On April 11, 2012, Los Angeles County Sheriffs deputies executed a search warrant at Rascón’s residence in Whittier. They found Rascón in the kitchen, informed her that she was the suspect named in the warrant, and detained her in a patrol car. While Rascón was seated in the car, Detective William Campbell asked her what bedroom she lived in and she said the…

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