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Modification: People v. Orozco

Ruling by

Brian M. Hoffstadt

Lower Court

Los Angeles County Superior Court

Lower Court Judge

John A. Torribio
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware.



Court

California Courts of Appeal 2DCA/2

Cite as

2019 DJDAR 1915

Published

Mar. 8, 2019

Filing Date

Mar. 7, 2019

Opinion Type

Modification

Disposition Type

Affirmed


THE PEOPLE,

Plaintiff and Respondent,

v.

EDUARDO OROZCO,

Defendant and Appellant.

 

No. B288942

California Courts of Appeal

Second Appellate District

Division Two

Filed March 7, 2019

(Los Angeles County

Super. Ct. No. VA130104)

 

ORDER MODIFYING OPINION AND DENYING REHEARING

 

NO CHANGE IN JUDGMENT

 

THE COURT:*

It is ordered that the opinion filed herein on February 28, 2019, be modified as follows:

1. On page 2, second paragraph, line 5, where it reads, "the day before", replace as follows:

 

earlier the same day

 

2. On page 9, footnote 3, where it reads, "Because defendant 'points to no evidence in the record supporting his inability to pay' (People v. Gamache (2010) 48 Cal.4th 347, 409), and hence no evidence that he would suffer any consequence for non-payment, a remand would serve no purpose." replace as follows:

 

Because there is "no evidence in the record supporting his inability to pay" (People v. Gamache (2010) 48 Cal.4th 347, 409), and hence no evidence that he would suffer any consequence for non-payment, a remand for further fact-finding would serve no purpose."

 

There is no change in the judgment.

Appellant's petition for rehearing is denied.

 

* LUI, P. J.,

CHAVEZ, J.,

HOFFSTADT, J.

#272808

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