Because Aguilera was not adequately advised that anything he said could be used against him in a court of roland, the trial court erred by denying Aguilera's motion to suppress the statements he made during his interrogation by Frey.
Rolando Zoboba Ramos and Eric Alan Aguilera appeal judgments following their jury convictions of various offenses arising out of the robbery of the Soboba Rolanxo. On appeal, Aguilera contends: On appeal, Ramos contends: Ramos and Aguilera were tried jointly with separate juries. Most of the prosecution's evidence casino presented to both juries. Testimony was presented that Internet casino with and Aguilera were friends who worked together at the Casino.
Ramos was a surveillance department technician, and Aguilera was a surveillance agent. During Julythey planned a robbery of the Casino. They discussed how Anx would obtain a gun, pepper spray and duct tape; how he would access the Casino's vault; and how Aguilera would just drive the getaway car.
Sonya Boyorquez, Aguilera's girlfriend at the time of the robbery, heard their conversations planning the robbery. She initially thought Ramos and Aguilera were joking, but iowa casinos web sites realized they were not and pleaded with Aguilera not to participate in the robbery. Aguilera told Boyorquez that Ramos was looking for a gun, but later told her Ramos was unable to get a real gun.
Ramos got out of the car and entered the Casino through the rolandi entrance. The car then drove out of the parking lot onto Sobobo Road. Ramos walked into the monitoring room of the Casino's surveillance office where his coworkers, Osbaldo Parga, Lillian Garcia, and Colin Quayle, were on duty. Garcia and Quayle were surprised by Ramos's appearance because he was not scheduled to work that early roladno usually did not work at that time.
Ramos asked to speak with Parga the surveillance supervisorwho accompanied Ramos into the videotape storage back room which had no surveillance cameras. They returned a few minutes later and Ramos acted as if he were calling the gaming commissioner. Ramos asked if he could speak with Niagara falls n y casino again in the back room and Parga accompanied Ramos there.
On entering the back room, Ramos told Parga he had a fight with his girlfriend and was "on the run. Parga complied and held his hands on his head. Using duct tape, Ramos bound Parga's hands to his legs and ankles and told him he was robbing the Casino. Ramos returned to the monitoring room and pretended to call a commissioner. Standing behind Garcia and Quayle, Ramos asked them to stand up and face him.
When they did so, Ramos asked them: He threatened to use pepper spray on them. Quayle pleaded with Ramos not to rolsndo them. On entering the video room, Ramos used duct tape to bind Garcia and Quayle together, rolando ramos and soboba casino, and then taped them to a pole. He took Quayle's cell phone.
Ramos told Garcia and Quayle not to report to anyone that they saw him because he knew where they lived. Ramos ripped out and destroyed wires and tapes from an equipment panel for the surveillance cameras. Before leaving the room, Ramos kissed Garcia on ro,ando lips and told her he always liked her.
Ramos returned to the monitoring room and answered phone and radio calls. Credit cards for gambling Cachu and Carlos Rocha, unarmed security officers, met Ramos outside the main vault. After obtaining clearance to enter the vault, ro,ando asked Ramos to put on a smock over his clothing. Ramos claimed a camera was not working, stood on a counter, and rolando ramos and soboba casino a lens from a camera.
Ramos then pulled out a black gun, pointed it at the seven employees, and ordered them to put their hands up and stand in the corner facing the wall. He threatened to shoot them if they did not comply. Ramos made a call on his radio casino south fl left the vault with the money. Ramos walked through the Casino's gaming area and out an emergency exit.
He walked toward an embankment ramos and to Soboba Road. In the room, rolando ramos and soboba casino, Boyorquez saw a large amount of stacks of cash on the bed. Aguilera got some of the raamos. When asked whether Ramos gave Aguilera a duffel bag with cash in it, Boyorquez testified: At trial, she admitted she had pleaded guilty to being an accessory after the fact. Later that day, Gregory Harrell, a Riverside County Sheriff's Department investigator, executed rolwndo search warrant at the Hemet home where Aguilera resided.
Harrell interviewed Boyorquez regarding the incident and later testified at trial regarding her statements. Executing a search warrant for that room, Detective James Campos found a large amount of cash in a pillowcase under a mattress. The parties stipulated that a black Crossman BB gun, a replica of a. They further stipulated that Ricky Aban told Campos he was involved in the robbery in that he gave Ramos a ride from San Bernardino to the Gardena motel and checked him into a room there.
During the joint trial, the prosecution presented certain evidence only to Ramos's jury. Detective Doug Frey interviewed Ramos on August 4. Ramos stated that he rolando ramos and soboba casino Aguilera had discussed and planned the robbery before August 2 and had conducted a trial run, driving to the Casino together.
Rolando August 2, they drove to the Casino together in Ramos's black Mustang. Ramos types of casino table games into the Casino, leaving Aguilera in the car. Aguilera was to leave the Casino property and wait for Ramos's call. Ramos said that he entered the surveillance office and asked to speak with Parga in a separate room.
He used pepper spray on Parga and bound him with duct tape. He then went casono into the main room and bound two other employees back-to-back, using duct tape. Ramos czsino he had a gun that he displayed to them. He described how he pulled video cables to disable the security cameras and requested access to the vault. After entering the vault, he removed a camera lens cover to appear he was working on it.
He then pulled out a gun, ordered everyone to go to the far side of the room and look away, and began filling a duffel bag rolando ramos and soboba casino money. Ramos told Frey he walked through the Casino and out a side door, called Aguilera to tell him to pick him up, and walked across the parking lot to an embankment where Aguilera met him with the car.
Ramos told Frey that he Ramos and Aguilera were in contact during the entire course of the robbery. During the joint trial, the prosecution presented certain evidence only to Aguilera's jury. Frey testified that he interviewed Aguilera during the evening of August 2. Aguilera initially denied any involvement in the robbery, but stated he knew Ramos committed casio robbery. Ramos told him the night before about his robbery plans and had previously joked about robbing the Casino.
Later, Aguilera told Frey he had not told him the whole truth and had left something out. Aguilera then stated he was involved in the robbery and had been asked by Ramos to drive the car. He received a call from Ramos asking him to pick him up at the Casino. Aguilera then picked Ramos up. Aguilera denied he knew a robbery had been committed and stated he thought Ramos merely called for a ride. Believing Aguilera was not merely a witness, Frey advised Aguilera of his Miranda rights, which he waived.
Aguilera then admitted to Frey that he had planned the robbery with Ramos and drove away from the Casino after the robbery. The night before the robbery, he and Ramos performed a trial run, driving to the Casino and to the designated meeting place. In the early morning on August 2, Aguilera and Ramos drove casino the Casino in Ramos's Mustang; Ramos parked in the employee parking lot, soboba entered the Casino as if he were going to work.
Aguilera got in the driver's seat and fell asleep while waiting for Ramos. Ramos texted and called him during the robbery. Aguilera then drove the car to the designated meeting place, where Ramos was waiting for him. Following the prosecution's case-in-chief, the trial court granted the defendants' section Neither Ramos nor Aguilera presented any testimony or other evidence in their defense.
The jury also found true the section Prior to sentencing, the trial court dismissed Ramos's lesser included offense robbery convictions on counts 2 and 3. The jury found Aguilera guilty on counts 4 through 13 and found true the section The jury could not reach a verdict on counts 2 and 3. The court later dismissed those counts. The trial court sentenced Ramos to a total of 16 years in prison. It imposed the upper term of five rolanso for the count 4 robbery conviction the principal termconsecutive terms of one year one-third the midterm each for the remaining robbery convictions counts 5 through 10a consecutive three-year term for the section The court stayed pursuant to section a two-year term for the burglary conviction count It also stayed pursuant to section jail terms of days for casini of the two battery convictions.
The trial court sentenced Aguilera to a total gambling steelers chargers of 12 years in prison. Ramos and Aguilera each timely filed a rolanod of appeal.
Aguilera contends the trial court erred by denying his motion to suppress the statements he made to Frey after he Frey did not adequately advise him of his Miranda rights. He asserts Frey did not advise him that anything he said could be used against him in a court of law. Hogan U. The Fifth Amendment right against self-incrimination generally applies to preclude the admission of involuntary pretrial confessions or other incriminating statements made by a defendant during coercive police interrogation.
Elstad U.Authorities were still searching for Rolando Luda Ramos, 25, a low-level security technician at the Soboba Casino in the San Jacinto area, who. Now that I'm completely sober, I'm like, 'I can't believe I did that,”' Rolando Luda Ramos, 25, of Hemet said during a Press-Enterprise jailhouse. The suspect, identified as year-old Rolando L. Ramos of Hemet, worked as a Soboba Casino technician for two years, repairing the casino's.