People v. Shockey CA4/3

Filed 3/30/15 P. v. Shockey CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049364

v. (Super. Ct. No. 11CF3468)

JESSE TAYLOR SHOCKEY, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, James Edward Rogan, Judge. Affirmed. Robert V. Vallandigham, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr., and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury found defendant Jesse Taylor Shockey guilty of voluntary manslaughter (Pen. Code, § 192, subd. (a); all statutory references are to the Penal Code) and found he personally used a knife (§ 12022, subd. (b)(1)). Shockey contends the trial court prejudicially erred by admitting statements obtained during a custodial interrogation because police officers did not expressly advise him of his right to have counsel present during the interrogation. (Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).) For the reasons expressed below, we affirm the judgment. I FACTUAL AND PROCEDURAL BACKGROUND On December 21, 2011, Shockey and three friends, Matthew Bosco, Mel Serrano, and Kendra Fuller, gathered at a Huntington Beach park. Around 9:00 p.m., a car drove past Shockey’s group, and someone in the car shouted they would be back in five minutes. When the car returned, Ernest Taylor, Dylan Austin, Jeff Quinn, and Corrine Armstrong got out. Shockey and Taylor knew each other from juvenile hall and engaged in a fistfight at the same park a few weeks earlier. Austin and Taylor aggressively approached and told Shockey’s group to leave the park. Bosco aimed a rifle at Austin, who grabbed it and said “blast me.” Shockey positioned himself behind Austin and poked him in the back with a kitchen knife. Austin then turned toward Shockey and punched him in the face several times. Shockey walked away from Austin stating, “You’re not worth it.” Austin pursued, and Shockey plunged the knife into Austin’s chest. Austin later died from his injuries. Officers recorded a phone call between Fuller and Shockey during which Shockey admitted stabbing Austin and made other incriminating statements. Shockey also incriminated himself during police interviews conducted on December 22 and December 27.