People v. Corona

Opinion

McDONALD, J.

Maria Carrillo Corona, a Mexican national, pleaded guilty to conspiracy to transport marijuana (Pen. Code, § 182) and was placed on formal probation for three years. Corona appeals, contending the court erroneously denied her motion to suppress incriminating statements she made to the police officers. She contends that the officers did not (1) advise her of her rights under the Multilateral Vienna Convention on Consular Relations and Optional Protocol on Disputes, April 24, 1963, 21 U.S.T. 77, T.I.A.S. No. 6820 (hereafter Vienna Convention), (2) properly advise her

[1428]

of her rights under

Miranda

v.

Arizona

(1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974] (Miranda) before an initial interrogation, and (3) readvise her of her

Miranda

rights before a second interrogation. We affirm.

Facts

In November 1998 the California Highway Patrol contemporaneously stopped two vehicles, one of which was following the other. Yolanda Sanchez was driving one vehicle, in which officers found a substantial amount of marijuana, and Corona was driving the other vehicle.

One officer told Corona he was investigating whether she was involved in a possible drug transaction. At approximately 10:00 a.m., he advised her under

Miranda

and asked her, “Did you understand? Are you now willing to answer any questions?”

Beginning at 1:00 p.m., a different officer interviewed Corona for 30 to 40 minutes. During this interview, she confessed she had conspired to transport marijuana. The officer did not readvise Corona of her

Miranda

rights because he believed she had previously been advised of, and waived, those rights.