Not to be published in the official reports



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Filed 12/17/13 P. v. Rios CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR



THE PEOPLE,
Plaintiff and Respondent,
v.
NORMA RIOS,
Defendant and Appellant.


B245549
(Los Angeles County

Super. Ct. No. BA384651)



APPEAL from a judgment of the Superior Court of Los Angeles County, Drew E. Edwards, Judge. Affirmed.

Barbara S. Perry, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Ana R. Duarte and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Norma Rios was charged with murder. (Pen. Code, § 187, subd. (a).)1 Following a jury trial, defendant was acquitted of first degree murder, convicted of second degree murder,2 and sentenced to a term of 15 years to life.

On appeal, defendant contends the trial court erred in denying her requests to suppress her videotaped interview and give a voluntary manslaughter instruction. Finding no error, we affirm.


BACKGROUND
During the early morning hours of May 18, 2011, Jose Antonio Melgar was beaten and kicked to death while sleeping on the sidewalk outside Service Employees International Union office in Los Angeles. According to the building’s surveillance videotape, Melgar was attacked by four individuals at 1:12 a.m.

The police were called when Melgar’s body was discovered at about 7:50 a.m. Los Angeles Police Department Detective Christopher Linscomb responded to the call and determined from the building’s surveillance videotape that Melgar was sleeping next to two companions when the attack occurred. His companions were later identified as Jorge Pineda, who testified at the preliminary hearing but died before trial, and a man named “Sarco,” who did not testify.3 The surveillance videotape showed that after Melgar was attacked, there was no “significant movement” until Pineda got up and left the area at 6:30 a.m., followed by Sarco 20 minutes later.

At 2:30 p.m. that same day, Officer Jessie Swartz and his partner responded to a report of a Hispanic female “sitting at the corner of Rampart and Temple.” At that location, the officers found defendant, who matched the description of the possible female suspect in this case, sitting next to Pineda.

Defendant was arrested as a possible suspect in this case and Pineda was detained for questioning. When a blood-stained tank top was found in defendant’s pocket, defendant said, “I got in a fight and hit him with a brick.” (The jury was informed that the blood on defendant’s clothing did not come from Melgar.)

During Pineda’s interview by Linscomb, Pineda named defendant and her son, Giovanni Rios (Giovanni),4 as possible suspects in this case. Pineda also selected Giovanni’s photograph from a six-pack lineup.

During defendant’s interview by Lindscomb, Officer Rafael Lopez served as translator. Defendant’s videotaped statements, which she sought to suppress at trial, are discussed below.





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