P. v. Lai
Defendant Yung Tsai Lai appeals after conviction, by jury trial, of first degree murder. (Pen. Code, § 187.)[1] The trial court sentenced defendant to a prison term of 25 years to life, consecutive to a one-year term for the jury’s finding that defendant used a deadly weapon in the commission of the murder. (§ 12022, subd. (b)(1).)
On appeal, defendant contends the trial court should have suppressed his post-arrest statements because (1) he made the incriminating statements after insufficient Miranda advisements (Miranda v. Arizona (1966) 384 U.S. 436 (Miranda)), (2) the police continued interrogating him after he requested an attorney, and (3) he waived his Miranda rights involuntarily. Defendant also contends the trial court allowed expert witness testimony about his intent in violation of section 29. He further contends that CALCRIM No. 362 erroneously permitted the jury to find him guilty of first degree murder because he made a false statement.
For reasons that we shall explain, we will affirm the judgment.
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