In re D.P. CA1/5

Filed 12/30/14 In re D.P. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re D.P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A139184 v. D.P., (Alameda County Super. Ct. No. SJ13020736) Defendant and Appellant.

D.P. (Minor) appeals from a dispositional order entered in a proceeding under Welfare and Institutions Code section 602. The juvenile court found true an allegation that Minor, then aged 16, had committed second degree robbery. The court declared Minor a ward and committed him to Camp Sweeney. Minor’s sole claim on appeal is that statements he made to a police detective, as well as a letter he wrote at the detective’s suggestion, should have been excluded because they were obtained in violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). We affirm because Minor has failed to provide an adequate record. Even if Minor’s claims had been properly presented, however, they would be meritless. FACTUAL AND PROCEDURAL BACKGROUND On December 29, 2012, two masked men robbed a liquor store in Palo Alto. The store clerk could not see the face of either man but could see from the skin showing

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through the eye holes of the masks that both men were African-American. After the clerk put money and liquor in the gunman’s backpack, the two men fled. On the evening of January 5, 2013, a Palo Alto woman reported to police that her vehicle had been carjacked. The car was later stopped on El Camino Real, and was occupied by Minor, Michael Holt, and Amador Rivera. The three were arrested and cell phones were seized from Minor and Rivera. Both phones were searched for their contents. Text messages from Rivera’s phone showed that on the night of the liquor store robbery, Rivera and Minor were at Holt’s house, a short distance from the liquor store. A review of the phone’s pictures disclosed a photo of Rivera and Minor, who was wearing red shoes and a black Nike jacket and holding a bottle of vodka and cash. Surveillance video from the liquor store showed that the robber who entered first was wearing red shoes and a similar jacket. The vodka Minor was holding was the same brand (“X- rated”) stolen from the liquor store. A search of Minor’s cell phone yielded a photo of Minor holding a gun. Based on this information, Palo Alto Police Detective Nicolas Martinez obtained search warrants for the Oakland home of Minor’s father, where Minor lived, and the home of Minor’s grandmother, with whom he also stayed. Detective Martinez arrested Minor at school on February 15, 2013, at 9:15 a.m. Minor was carrying a gray backpack similar to that carried by the first robber in the store’s surveillance video. Minor was taken from class, handcuffed, and placed in a police car, where he was advised of his Miranda rights. Martinez did not question Minor at that time but drove with Minor to the home of Minor’s father. Minor waited in the car while Detective Cole Ghilarducci searched the residence. Ghilarducci found a pair of red Nike shoes and a black Nike jacket. Detective Martinez then drove Minor to the Palo Alto Police Department, arriving about 10:30 a.m. Questioning began about 11:00 a.m. in the interview room and ended about 1:00 p.m. Detective Martinez gave Minor a bottle of water and offered Minor food before questioning. The first portion of the interview lasted until about 11:45 a.m., when Minor was given food from McDonald’s. The lunch break lasted until 12:15 p.m., after which