P. v. Gonzalez
A jury convicted defendant Efren Nieves Gonzalez of possession of a destructive device in a public place (Pen. Code, 12303.2)[1] possession of a destructive device ( 12303), and possession of drug paraphernalia (Health & Saf. Code 11364, subd. (a)). Defendant contends the trial court erred in admitting statements in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), erred in admitting defendants adoptive admission (Evid. Code, 1221), erred by instructing the jury with Judicial Council of California Criminal Jury Instructions CALCRIM No. 224 concerning the sufficiency of circumstantial evidence, and erred by denying defendants motion for mistrial or sanctions premised on the prosecutions late disclosure of evidence. ( 1054, subd. (b); Brady v. Maryland (1963) 373 U.S. 83 (Brady).) For the reasons expressed below, Court affirm the judgment.
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