People v. Rith

Full title: THE PEOPLE, Plaintiff and Respondent, v. NAVUEN RITH, Defendant and…

Court: California Court of Appeals, Fourth District, Third Division

Date published: May 20, 2009

No. G040018 (Cal. Ct. App. May. 20, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. NAVUEN RITH, Defendant and Appellant. G040018 California Court of Appeal, Fourth District, Third Division May 20, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 07ZF0145

ORDER MODIFYING OPINION AND DENYING REHEARING

ARONSON, J.

It is ordered that the opinion filed herein on April 21, 2009, be modified as follows:

1. On page 4, following the final sentence of the third paragraph, “But the defendant did not make this claim in the trial court, and we deem the argument forfeited” add the following sentence:

“But even if he had not forfeited the claim, on review of the totality of the circumstances surrounding defendant’s interview and the Miranda admonition provided in this case, we find no basis to disturb the trial court’s implied finding the interrogating officer did not mislead defendant into thinking his (defendant’s) statements would not be used against him in court.”

This modification does not change the judgment. The petition for rehearing is DENIED.

WE CONCUR: BEDSWORTH, ACTING P. J., O’LEARY, J.