Ford v. Superior Court (People) (2001)

ROYCE FORD, JR., Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

[Modification fn. * of opinion (91 Cal. App. 4th 112; 109 Cal.Rptr.2d 790) on denial of petition for rehearing.]

REARDON, Acting P.J.-

It is ordered that the opinion filed herein on July 31, 2001, be modified as follows:

1. In the last paragraph on page 10 [91 Cal. App. 4th 122, advance report, 4th par., line 6], after the sentence that reads: "Joyner said he thought when he arrived at the crime scene that he had 'reasonable suspicion for detention' of petitioner, but '[i]nstead of going that route, as far as arresting him under probable cause or detaining him, I appealed to his goodness and heart and asked if he would cooperate and come down to the police station and asked him to cooperate and take [sic] a statement, which he agreed to do,'" add as footnote 5 the following footnote, which will require renumbering of all subsequent footnotes:

5 In view of Joyner's other testimony that he did not speak with petitioner at the crime scene, it is apparent that these requests were conveyed to petitioner through Officer Bellusa.

2. In the last paragraph on page 15, line 12 [91 Cal. App. 4th 127, advance report, line 6], after the sentence that reads: "We note also that, unlike petitioner, the suspects in Gilbert R. and Boyer did not initiate contact with the police," add as footnote 7 the following footnote:

7 This fact, and the continuing indicia of consent from petitioner, also distinguish the situations in Green v. Superior Court (1985) 40 Cal. 3d 126, and People v. Aguilera (1996) 51 Cal. App. 4th 1151, cases cited in the petition for rehearing that involved Miranda issues.

These modifications do not change the judgment. The petition for rehearing is denied.

FN *. This modification requires movement of text affecting pages 127-128 of the bound volume report.