People v. Pardo CA3

Filed 3/26/25 P. v. Pardo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C098996

Plaintiff and Respondent, (Super. Ct. No. 21FE015723)

v.

SUSAN PARDO,

Defendant and Appellant.

A jury found defendant Susan Pardo guilty of first degree burglary and assault with a deadly weapon. On appeal, defendant contends the trial court prejudicially violated her constitutional right against self-incrimination when it admitted into evidence her statements to police made without a prior warning under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). Because the People demonstrate any alleged error was harmless beyond a reasonable doubt, we affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Late on September 11, 2021, Rick H. was at a casino while Nancy I. watched his sons until he returned. At approximately midnight, Nancy was sleeping on the couch when she awoke to defendant inside the house knocking on Rick’s bedroom door calling for Rick’s son. Rick testified he had dated both defendant and Nancy before the incident but was not in a relationship with defendant at the time and had just started to “talk[]” to Nancy again after not dating her for seven years. Nancy and defendant had never met before. Defendant and Nancy each testified they were in a “girlfriend/boyfriend” relationship with Rick at the time of the incident. Defendant testified Rick had invited her over, but Rick did not corroborate this testimony. After banging on Rick’s bedroom door, defendant asked Nancy if Rick was home. Nancy said he was not and told defendant to leave. Defendant left briefly and then returned to introduce herself, say “negative things” about Rick, and warn Nancy to stay away from him. Nancy again told defendant to leave. Defendant testified that Nancy physically pushed her out of the house, but Nancy denied this and testified she only “motioned [defendant] to . . . leave.” Home video surveillance showed defendant telling Nancy, “Be careful . . . . Yeah yeah you should be careful,” and Nancy responding, “[h]ead out the door. [K]eep movin’. . . . Just keep it movin’. . . . I’m here with the boys, ’kay?” Nancy then locked the previously unlocked door and went to Rick’s bedroom. Nancy called Rick and Rick told Nancy that defendant was not invited to his house. After leaving Rick’s house, defendant drove to her house and upon reflection decided to go back to Rick’s house to confront Nancy as to why Nancy had pushed her. Defendant grabbed a hammer “in case [Nancy] wanted to hurt [her].” Before making her way back to Rick’s house, defendant left Rick three voicemail messages at around 2:30 a.m. One message provided in part: “You’re fucked. That bitch is fucked. I’m gonna break her fuckin’ knees, and I’m gonna break yours. . . . I’m