Joseph R., a Minor

MODIFICATION

JUVENILES


Minor's statement to officer is admissible despite lack of Miranda warnings because minor wasn't in custody.



In re JOSEPH R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JOSEPH R., Defendant and Appellant. No. G021908 (Super. Ct. No. J166922) California Court of Appeal Fourth Appellate District Division Three Filed August 27, 1998
        The opinion filed in this case on July 28, 1998, is hereby ordered modified as follows:

        1. Delete footnote 8* on page 5, and replace it with the following:

        "While the Attorney General distinguishes Pablo C., it should be noted that the United States Supreme Court has gone to great lengths in the last quarter century to make it clear that an officer's focus of suspicion, like any other uncommunicated subjective concern entertained by a peace officer, has nothing to do with Miranda custody. Pablo C. is therefore not controlling authority."

        This modification does not effect a change in the judgment.
        The petitions for rehearing are denied.


I CONCUR:
        SILLS, P. J.



I would grant rehearing for the reasons stated in appellant's petition.




*        See Daily Appellate Report of July 30, 1998, page 8118, column 2.