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People v. Althof10/15/2002
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
John Althof appeals from the judgment entered following his conviction by a jury of involuntary manslaughter. (Pen. Code, § 192, subd. (b).) The trial court sentenced him to prison for three years. Appellant contends that the trial court erroneously admitted his statements to the police because they were made during custodial interrogation without Miranda warnings (Miranda). (Miranda v. Arizona (1966) 384 U.S. 436.) In addition, he contends that the trial court committed various instructional errors. We affirm.
Facts
Appellant and Steven Bain, the deceased, got into an argument inside a bar. Appellant said, "I'm going to kick [Bain's] ass," "I'm going to kill that asshole," and "I'm going to knock him out." Daniel Sullivan escorted Bain out of the bar "and got him headed home." Sullivan turned around and walked back toward the bar. He saw appellant walking along the sidewalk and "told him to let it go, it was over, [Bain] was going home . . . ." Appellant "continued around [Sullivan] down the sidewalk to where Steven Bain was." Michael Kwaak, appellant's companion, was standing outside the bar. (RT 88, 102-103) Kwaak said in appellant's direction, "Just hit the bitch for me." Seconds later, Kwaak said, "Thank you." Sullivan turned around and saw Bain on the ground. Bain was lying "on his back, face-up, unconscious." He had a laceration on the right side of his face and was bleeding from the back of his neck.
Heather Lynch was Kwaak's girlfriend. She was at the bar with Kwaak and appellant. After Bain was injured, Lynch was driving appellant home when a police vehicle with its lights on started following her car. Lynch said they "were going to get pulled over . . . ." Appellant responded, "Well, I hit the guy." Lynch pulled over and stopped in front of appellant's house.
Officer Robert Burton initiated the stop. He had been "flagged down" just north of the bar. He saw Bain lying on the ground, and a witness "yelled that the suspect had just left . . . ." Burton was given a description of the suspect's car and was told the direction in which it was traveling. He received no information about the incident other than that Bain had been assaulted.
Burton made a videotape of the stop and appellant's detention. The videotape was played for the jury. During the detention, appellant told the police that Bain had stretched his arms out as if he were going to push appellant. In response, appellant "pushed [Bain] in the chest and backhanded him with [appellant's] left hand." Appellant said he had not hit Bain hard enough to leave a mark on his face. The police did not arrest appellant.
Several days later, Bain died as a result of "blunt impact injuries" to the back of his head. The injuries were "consistent with falling and striking a fixed surface, such as the ground."
Bain had a blood-alcohol level of .34 percent. Appellant's blood- alcohol level was .22 percent.
Discussion
I.
Appellant contends that his statements to the police were the product of custodial interrogation. He argues that the statements must be excluded because he was never advised of his Miranda rights.
A defendant must be given Miranda warnings only when subjected to custodial interrogation. (People v. Mickey (1991) 54 Cal.3d 612, 648.) " ' "The adjective [custodial] enco
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