People v. Albarran CA2/4

Filed 4/2/15 P. v. Albarran CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B256275

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA102993) v.

FERNANDO MARRON ALBARRAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Douglas Sortino, Judge. Affirmed. Law Office of Eduardo Paredes and Eduardo Paredes for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters Assistant Attorney General, Chung L. Mar and Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent.

Fernando Marron Albarran appeals from the judgment entered following his no contest plea to one count of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a))1 and one count of oral copulation of a person under 14 (§ 288a, subd. (c)(1)). He challenges the trial court’s denial of his motion to suppress statements he made to police, on the basis that they stemmed from an illegal search and seizure and were taken in violation of his Miranda rights. (Miranda v. Arizona (1966) 384 U.S. 436.) We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND2 On August 28, 2013, City of El Monte Police Officer Jonathan Edwards responded to a call regarding a sexual assault on a child. When Officer Edwards arrived at the home, the victim’s aunt said that appellant, the victim’s stepfather, had confessed to the family. Destiny, the victim, was 17 years old at the time. She told Officer Edwards that appellant had engaged in numerous acts of sodomy and oral copulation with her from the time she was in fourth grade until May 2013. While Officer Edwards was interviewing Destiny, appellant walked into the house. Officer Edwards confirmed appellant’s identity, and his partner, Officer Pedro Yanez, conducted a pat-down search of appellant. The officers did not restrain appellant or tell him he was not free to leave. Officer Yanez asked appellant to sit in the living room where he would not have a direct view of Destiny while Officer Edwards interviewed her.