P. v. Plantillas
Luis M. Plantillas was convicted by a jury of receiving stolen property (Pen. Code, 496, subd. (a))[1]and admitted, in a bifurcated proceeding, the truth of the special allegation he had served a prior prison sentence for a felony. ( 667.5, subd. (b).) On appeal Plantillas contends the trial court erred in admitting incriminating statements he made to a deputy sheriff prior to being advised of his right to remain silent, to the presence of an attorney and, if indigent, to appointed counsel. (Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694] (Miranda).) He also challenges the jury instructions regarding the adverse inferences that may be drawn from a testifying defendants failure to explain or deny evidence against him and argues the trial courts imposition of an upper term sentence and a prior prison term enhancement violated his Sixth Amendment right to a jury trial and Californias proscription against use of the same fact to impose both an upper term and a sentence enhancement. Court affirm.
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