People v. Munoz

[995]

Opinion

THE COURT.

*

Anthony Richard Munoz appeals his court-tried conviction of first degree robbery (Pen. Code, § 211).

On July 31, 1976, Munoz robbed El Cajon liquor store clerk, Randall Smith, at gunpoint. In February 1977 Smith identified a police photograph of Munoz. El Cajon Police Officer Randy Narramore recovered the gun used in the robbery from one of Munoz’s friends. Narramore and his partner Detective Meyers went to La Cima Honor Camp to interview Munoz. They took Munoz to a small room, exchanged pleasantries with him and told him they were robbery detectives. Narramore felt Munoz was free to leave, but did not tell him so.

After Narramore introduced himself, Munoz said, “Well, maybe I should talk to my attorney, Mr. Corbin.” Narramore told Munoz it was his business and if he wanted to, he could, but Narramore first wished to explain why he was there to talk with him and to tell him what information he had. Munoz told Narramore to go ahead and talk. Narramore told him what he knew of the robbery, how it had happened, who was involved, and to whom he had spoken. He then read Munoz his rights. In answer to the question, “Having these rights in mind, do you wish to talk to us now?” Munoz answered yes, as long as he could answer the questions he wanted. He then confessed.

The court admitted the confession into evidence over Munoz’s objection.

Munoz’s only contention on appeal is the court erred in failing to suppress his extrajudicial confession. He attacks the court decision on two grounds: first, Munoz’s remark about his attorney should have been treated as a request for an attorney and questioning should have stopped; second,

Miranda

warnings should have been given before the “talk” by Detective Narramore.

The court ruled in favor of the prosecution and admitted the confession, feeling Munoz’s use of the word “maybe” was an “indefinite statement,” not a definite statement he wanted an attorney.