P. v. Liddell 12/20/04 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B168810

Case Date: 04/13/2005

Preview:Filed 12/22/04 P. v. Liddell CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Respondent, v. DAVID S. LIDDELL, Defendant and Appellant. B168810 (Los Angeles County Super. Ct. No. KA060591)

APPEAL from a judgment of the Superior Court of Los Angeles County. Mark G. Nelson, Judge. Affirmed in part, reversed in part, and remanded. John A. Colucci, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels, Marc J. Nolan and A. Scott Hayward, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

Defendant and appellant David S. Liddell appeals from the judgment entered following a jury trial that resulted in his conviction of three counts of second degree robbery and one count of attempted second degree robbery. He contends: (1) his postarrest statement to police was obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (2) the out-of-court identification process was unduly suggestive; (3) the fact of firearm use cannot be used both as an enhancement and to impose the upper term; and (4) the trial court abused its discretion in refusing to strike one of the alleged three strikes priors (Pen. Code,

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