People v. Edwards CA5

California Court of Appeal Mar 24, 2014 No. F065442Unpublished

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Holding. The court held that the defendant was not in custody for Miranda purposes during the initial investigatory questioning at the scene of the accident, and that the trial court properly conducted the in camera Pitchess review.

Issues

Whether the trial court erred in denying the defendant's motion to suppress statements made to an officer without Miranda warnings.
Whether the trial court properly handled the defendant's Pitchess motion regarding officer personnel records.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Therefore, we conclude Miranda warnings were not required prior to Officer Diederich asking the questions complained of. It follows that the trial court did not err when it denied Edwards’s suppression motion.”

“Having independently reviewed the transcript of the Pitchess proceeding and the records the court examined and submitted under seal, we conclude the court followed the procedure set forth in Mooc and no documents were withheld erroneously.”

Filed 3/24/14 P. v. Edwards CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F065442 Plaintiff and Respondent, (Super. Ct. No. BF140958A) v.

ROBERT LAWRENCE EDWARDS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman, II, Judge. Christian Koster, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Doris A. Calandra, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Franson, J.

A jury convicted appellant, Robert Lawrence Edwards, of driving under the influence of alcohol or drugs with priors (count 1/Veh. Code, §§ 23152, subd. (a) & 23550.5) and driving with a blood alcohol content of .08 percent or more with priors (count 2/Veh. Code, §§ 23152, subd. (b) & 23550.5). In a separate proceeding, appellant admitted a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)) and the court found true a prior conviction for violating Vehicle Code section 23153, subdivision (a) that elevated his other Vehicle Code convictions to felonies. On July 12, 2012, the court sentenced Edwards to state prison for an aggregate term of four years: the aggravated term of three years on his conviction in count 1, a consecutive one-year prior prison term enhancement, and a stayed three-year term on his conviction in count 2. On appeal, Edwards contends the court abused its discretion when it denied his motion to suppress certain statements he made to the arresting officer. Additionally, pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) and People v. Mooc (2001) 26 Cal.4th 1216 (Mooc) he seeks independent review by this court of information in one officer’s personnel file. We have conducted the requested review and affirm. FACTS On June 15, 2011, at the intersection of Ming and Buena Vista in Bakersfield, Edwards was driving a car with his brother, Steven, as a passenger, when he rear-ended a car driven by Karina Soto. After the collision, Steven drove off in Edwards’s car. Bakersfield Police Officer Jared Diederich was dispatched to the scene and first spoke with Soto, who identified Edwards as the driver of the car that hit her. After speaking with Edwards, Officer Diederich arrested him for driving under the influence of alcohol. On March 27, 2012, the district attorney filed an information charging Edwards with the two counts he was convicted of.

People v. Edwards CA5

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