People v. Wilson CA1/1

Filed 6/10/25 P. v. Wilson CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A169873 v. DARON LAMONT WILSON, (San Francisco City & County Super. Ct. No. CRI-21011570) Defendant and Appellant.

A jury convicted defendant Daron Lamont Wilson of two felony counts of burglary (Pen. Code, §§ 459, 463, subd. (a))1 and one misdemeanor count of resisting a peace officer (§ 148, subd. (a)(1)). Wilson argues the trial court erred by admitting statements he made to police officers that everybody was looting, asserting the statements were obtained in violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602] (Miranda). We conclude that any assumed Miranda error was harmless and, accordingly, we affirm. I. BACKGROUND In July 2022, Wilson was charged by information with burglary during a state of emergency (§ 463, subd. (a); count I); second degree commercial

1 Undesignated statutory references are to the Penal Code.

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burglary (§ 459; count II); carrying a concealed, unregistered firearm (§ 25400, subd. (a)(2); count III); carrying a loaded, unregistered firearm (§ 25850, subd. (a); count IV); and misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count V). As to counts I through IV, the information alleged that Wilson committed the offenses while on bail (§ 12022.1, subd. (b)). A. Evidence Code Section 402 Hearing The People moved in limine to admit evidence of statements Wilson made to police officers the night of his arrest, including statements that everybody was looting. On October 9, 2023, the trial court held an Evidence Code section 402 hearing to determine the admissibility of Wilson’s statements. Officer Brittney Taylor testified that on November 19, 2021, around 11:48 p.m., her partner and she were flagged down about a burglary at a Walgreens on Market Street and 9th Street. When they responded, the Walgreens window was shattered and she saw Wilson inside the store. Wilson jumped out of the window and she commanded him to stop. He did not stop and she pursued him on foot. Officer Taylor communicated his description to other officers in the area, who detained Wilson one block over on 10th Street. Wilson had fallen onto the sidewalk while running and after he fell, he was handcuffed. When Wilson was sitting on the sidewalk handcuffed with other officers around him, Officer Taylor heard Wilson say, “ ‘Man, everybody looting.’ ” She had not asked him a question and did not hear any other officer ask him a question. Defense counsel played body camera footage of Wilson’s statements. In the video, Wilson is handcuffed and seated on the sidewalk. As he is asked questions such as his date of birth and how to spell his name,