People v. Schaffner CA4/1

Filed 1/18/24 P. v. Schaffner CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081160

Plaintiff and Respondent,

v. (Super. Ct. No. JCF005245)

ROY EMIL SCHAFFNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Michael Domenzain, Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski and Namita Patel, Deputy Attorneys General, for Plaintiff and Respondent.

Roy Emil Schaffner appeals the judgment sentencing him to prison after a jury found him guilty of drug and firearm offenses. He contends

admission at trial of statements obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) requires reversal. We disagree and affirm. I. BACKGROUND A. Arrest While on patrol, Imperial County Deputy Sheriff Pedro Velasquez saw Schaffner driving after Velasquez had learned earlier that day Schaffner had no valid driver’s license and possessed multiple firearms. He followed Schaffner into a gas station and confirmed with dispatch that his license had been suspended. Velasquez contacted Schaffner and, after noticing a passenger in the vehicle, put Schaffner in handcuffs and called for backup. Another deputy sheriff arrived about an hour later. While waiting for backup to arrive, Velasquez decided to impound Schaffner’s vehicle and to do an inventory search. He asked Schaffner whether there were any guns and drugs in the vehicle, and Schaffner responded affirmatively. After the other deputy arrived and stood by Schaffner and his passenger, Velasquez searched the vehicle and found a handgun, a rifle, ammunition, bags of methamphetamine, a bag of marijuana, plastic baggies, a scale, and needles. Velasquez arrested Schaffner and took him to the sheriff’s station. During the encounter at the gas station, he did not give Schaffner the warnings