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People v. Davidson

California Court of Appeals, Second District, Sixth Division

November 26, 2013

THE PEOPLE, Plaintiff and Respondent,
v.
ANDREW BARNEY DAVIDSON, Defendant and Appellant.

Superior Court County No. 2012014702, of Ventura David M. Hirsch, Judge.

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[Copyrighted Material Omitted]

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COUNSEL

Patricia A. Malone, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Zee Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

Over 40 years ago and during the infancy of Miranda v. Arizona (1966) 384 U.S. 436, [16 L.Ed.2d 694, 86 S.Ct. 1602] (Miranda), Justice Macklin Fleming articulated the rule which controls the Miranda issue in this case: "When circumstances demand immediate investigation by the police, the most useful, most available tool for such investigation is general on-the-scene questioning, designed to bring out the person's explanation or lack of explanation of the circumstances which aroused the suspicion of the police, and enable the police to quickly determine whether they should allow the suspect to go about his business or hold him to answer charges." (People v. Manis (1969) 268 Cal.App.2d 653, 665 [74 Cal.Rptr. 423].

Andrew Barney Davidson appeals his conviction by jury of unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)) and possessing a

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methamphetamine pipe (Health & Saf. Code, § 11364.1, subd. (a)). He admitted a prior auto theft conviction. (Pen. Code, § 666.5.) Pursuant to "sentencing realignment, " appellant was sentenced to felony jail: two years in county jail and two years of mandatory supervision. (Pen. Code, § 1170, subd. (h)(5)(A).) Appellant contends that the trial court erred in admitting his pre-arrest statement without prior advisement and waiver of his Miranda rights. He also contends that the trial court erred in admitting other crimes evidence. (Evid. Code, § 1101, subd. (b).) We affirm.

Facts

During the morning of April 22, 2012, Jesse Hofer reported that his new Suzuki motorcycle was stolen from his driveway. Hofer last saw the motorcycle at 3:30 a.m. after a house party ended. Hofer ...


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