Opinion
G028236.
7-28-2003
THE PEOPLE, Plaintiff and Respondent, v. HENRY RODRIGUEZ, Defendant and Appellant.
ORDER MODIFYING OPINION AND DENYING REHEARING;
NO CHANGE IN JUDGMENT
The petition for rehearing is DENIED. The opinion filed on June 30, 2003 is hereby modified as follows:
1. On page 6 of the slip opinion after the end of the first paragraph insert the following paragraph:
In the present case, defendant was interviewed twice; once on July 22, 1998, and a second time on July 27. The first interview, which lasted approximately two hours, took place at the police station after defendant voluntarily came in to speak with the detectives. He was not advised that he was free to leave, nor was he Mirandized. The detectives questioned defendant about his relationship with Tovar and asked whether he had gone out on the boat with Tovar and Gray. Although he initially denied knowing anything about the boat, defendant eventually admitted he was with Tovar when he rented the boat, but claimed he never went out on it. At one point the detectives threatened to arrest defendant for lying to them during the investigation and told him he was "facing big trouble" if he had anything to do with the victims disappearance, but defendant stuck with his story. At the end of the interview, he asked if he "could get going" and indicated that he had left his younger brother waiting out front. The detectives allowed defendant to leave after they verified his story with Tune.
2. On page 6 of the slip opinion at the beginning of the second paragraph delete "In the present case," and insert "Five days later,".
3. On page 6 of the slip opinion in the fifth line of the second paragraph after "Defendant," insert "a high school drop out".
4. On page 9 of the slip opinion in the fifth line of the third paragraph after "compliant young man who" insert ", beyond the July 22 interview,".
This modification does not effect a change in the judgment.
WE CONCUR: SILLS, P. J. OLEARY, J.