P. v. Peete
A jury found Ricky Paul Peete guilty of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1) (count 1)),[1] and found not true an attendant gang allegation (§ 186.22, subd. (b)(1)). In a bifurcated court trial, the court found that Peete had suffered one prior strike (§ 1170.12, subds. (a)-(d)) and one prior prison term conviction (§ 667.5, subd. (b)). The court sentenced Peete to a total term of five years in prison.
On appeal, Peete contends that the trial court erred in refusing to exclude statements that he made to a police officer immediately after being advised that he was under arrest, on the ground that the statements were obtained during a custodial interrogation without proper Miranda[2] warnings. We conclude that the trial court did not err in determining that the statements were admissible because they were not the product of an interrogation within the meaning of Miranda and its progeny.
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