P. v. Vanhorn
Defendant William Eric Vanhorn appeals after a jury found him guilty of possession of methamphetamine for sale in violation of Health and Safety Code section 11378. Defendant contends the trial court erred by (1) denying his motion to suppress statements he made to a police officer before he was read his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) and (2) excluding evidence of statements defendant made to a police officer after he was read his rights under Miranda, which he contends were admissible under Evidence Code section 356. We affirm. Defendant was not in custody at the time he was originally questioned by the police; therefore, Miranda did not apply. Evidence of statements defendant made during a separate interview constituted inadmissible hearsay that did not fall within Evidence Code section 356.
The judgment is affirmed.
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