Legal Opinion

People v. Valencia

Appellate Division of the Superior Court of California

Decided September 29, 2015No. APP1400147PublishedCited by 3 opinions

1Opinion of the Court

Opinion

THE COURT.*

Defendant Miguel Valencia was convicted by a jury of resisting, delaying, or obstructing an officer (count one; Pen. Code, § 148, subd. (a)(1) (hereafter section 148 or section 148(a)(1))), driving on a suspended license (count two; Veh. Code, § 14601.2, subd. (a)), and driving under the influence (DUI) (count three; Veh. Code, § 23152, subd. (a)). He challenges the trial court’s instruction to the jury on count one, and attacks all of his convictions for error under Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602] (Miranda). In the published portion of…

2Cases cited39 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  5. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989

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3Cited by3 opinions

  1. Espinoza v. ShiomotoCalifornia Court of Appeal · 2017
  2. Espinoza v. Shiomoto, California Court of Appeal, 5th District2017
  3. Espinoza v. ShiomotoCalifornia Court of Appeal · 2017

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