People v. Vasquez CA5

INTRODUCTION

Adrian Isaac Vasquez (defendant) appeals his convictions stemming from two separate incidents where law enforcement found him in possession of another person’s vehicle. The incidents occurred on January 22, 2018, and May 7, 2018, respectively. Defendant’s appeal primarily raises a Miranda1 issue. He claims the trial court erred when it denied his motion to suppress certain statements he made to law enforcement during the January 22, 2018 incident. In supplemental briefing, defendant asks for resentencing in light of Assembly Bill No. 518 (2021–2022 Reg. Sess.) (Assembly Bill 518). We will remand the matter for resentencing in accordance with Assembly Bill 518. We affirm the judgment in all other respects.

FACTUAL BACKGROUND

THE JANUARY 22, 2018 INCIDENT

As he was leaving a store in Merced County, Eric Hickman observed a white truck traveling at 75 to 80 miles per hour. Hickman heard a crash 10 to 15 seconds later. When he walked over to the scene, Hickman saw defendant attempting to free himself from the truck by kicking the windshield. California Highway Patrol Officer Gregory McCrea arrived at the scene and saw a white Chevrolet truck on its side. McCrea saw…