P. v. Lopez
Randy Michael Lopez appeals from the judgment entered following the denial of his motion to suppress evidence, his no contest plea to possession of a controlled substance, cocaine (Health & Saf. Code, 11350, subd. (a)), and his admission that he suffered a prior conviction for a serious or violent felony within the meaning of the Three Strikes law. (Pen. Code, 1170.12, subds. (a)-(d) & 667, subds. (b)-(i).) He was sentenced to the low term of 16 months, which was doubled to 32 months by reason of his prior strike conviction. He contends his detention began when officers approached him and due to their show of force there was never a consensual encounter. He also contends because the detention began before any questions were asked, the officer violated his Fifth Amendment rights against self-incrimination by asking him whether he possessed anything illegal without first advising him of his Miranda rights. For reasons stated in the opinion, Court affirm the judgment.
Comments on P. v. Lopez