Opinion
No. S215260.
2014-04-9
PEOPLE v. ELIZALDE.
The petitions for review by the People and defendant Mota are granted. The issues to be briefed and argued are limited to the following: Was defendant subjected to custodial interrogation without the benefit of warnings under Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 when he was questioned about his gang affiliation during an interview while being booked into jail, or did the questioning fall within the booking exception to Miranda? If the questioning fell outside the booking exception, was defendant prejudiced by the admission of his incriminating statements at trial? For the purposes of briefing and oral argument, the People are deemed the petitioners in this court. (Cal. Rules of Court, rule 8.520(a)(6).) The petitions for review by defendants Elizalde and Gomez are denied. CANTIL–SAKAUYE, C.J., BAXTER, WERDEGAR, CHIN, CORRIGAN and LIU, JJ., concur.