1

Filed 7/29/21 P. v. Ibe CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or

or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent

,

v.

ANDANNA IBE

,

Defendant and Appellant

. A159571

( Alameda County

Super. Ct. No. 17

- CR

- 012133B )

A jury convicted appellant Andanna Ibe of conspiracy to commit

murder and attempted murde r of a woman and her 11

- month

- old child

. Ibe

argues on appeal that the trial court erred by denying her motion to suppress

a statement made in a post

- arrest interview . She claims the statement w as

obtained in violation of her rights under Miranda v. Arizona (1966) 384 U.S.

436 ( Miranda )

. W e reject the claim and affirm

.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Shooting

On April 17

, 2017, Asala Odom had agree d to meet Marcel Brooks

, the

father of her 11

- month

- old son, at a McDonald’s restaurant

. Odom texted

Brooks when she arrived

. As she was waiting at a table

, Odom heard a

“really loud pop, and a flashing

. ” Odom looked up to see a woman running

out of the restaurant and a bullet hole in the window next to her

.

Surveillance video from the McDonald’s showed someone walk ing toward2

Odom’s table

, pulling a gun from a purse

, firing a single shot

, and then

exiting the restaurant.

Brooks was located the next morning at a motel with Ibe. Both were

arrested.

B. The Post

- Arrest Interview

Ibe was interviewed by two detectives after her arrest

. One of the

detectives read the Miranda admonishment to Ibe and asked her, “Do you

understand these rights?” She responded, “Yeah. ” Ibe provided various

details regarding her relationship with Brooks and told the detectives that

Brooks had relationships with two other “baby mamas” besides her

. The

detective told Ibe that there was a “fourth woman” who Brooks had identified

as his girlf

ri end. When the detective began questioning Ibe as to what had

happened the day before

, she invoked her right to counsel

. The detectives left

the room

.

About an hour and 40 minutes later, t he detectives walked Brooks over

to the interrogation room where Ibe was waiting. While in the doorway

, one

of the detectiv es asked Brooks: “Is this who had the gun yesterday?” Brooks

responded: “Yes.”

About eight minutes later

, one of the detectives returned to the

interrogation room and stated to Ibe : “ Almost done ma’am, I need your

shoes, if you wouldn’t mind putting them in here. And have they told you

what your charges are? ” Ibe responded: “Can you close the door and talk

please, I’m very, very confused.” The detective stated: “Well, unfortunately,

you asked for an attorney, so if you want to talk we can

, but you’re going to

have to waive th at right.” Ibe then asked if Brooks had waived his right

, but

the detective responded that he could not speak to Ibe unless she waived her

right. Ibe stated: “ [ F ] ine, let’s do it.” When the detective a sked if she3

wanted to think about it, Ibe responded: “No, let’s do it, because some things

don’t make sense.” The detective left the room with her shoes.

About five minutes later

, both detective s returned. T he Miranda

admonishment was read for the second time and when asked if she

understood those rights, Ibe responded: “Yes, I do.” One of the detectives

then asked Ibe if she wanted to “waive [her] right to have an attorney

present” and talk to them “without an attorney?” Ibe res ponded: “Yeah.”

When Ibe began by expressi ng confusion about the “fourth baby

mama,” a detective disclosed the name of the woman that Brooks had

provided. Ibe then admitted that she had driven with Brooks to the

McDonald’s and fired the shot

. She stated the shooting had been planned for

a while, and that Brooks had wanted her to kill Odom’s 11

- month

- old child

because Odom was “ using the baby to try to kill him and try to take away his

life and, um, threatening our son’s life too.” Ibe also des cribed a previous

attempt to execute Brook s ’ plan : a few weeks before the shooting

, Ibe had

tried to run Odom over with her car while Odom was crossing the street and

carrying her child

, but Odom had jumped out of the way

.

C. Ibe’s Trial Testimony

Ibe testified at trial that she went to the McDonald’s to “size up the

competition” and scare Odom “ to just only want to have a coparenting

relationship with [Brooks] and nothing more.” Ibe testified that she had

pointed the gun towards the wind ow ; she had no intention to kill anyone and

had not discussed it with Brooks. As to the previous encounter with Odom in

her car, Ibe testified that she went to see Odom and her car served when she

was not paying attention

, but she claimed she was not tryi ng to hit Odom or

her child

.4

D. Procedural History

Ibe was charged by amended information with conspiracy to commit

premeditated murder of Odom and her child ( Pen. Code §§ 182

, subd.(a)(1)

,

187

, subd. (a) ); 1 two counts of attempted premeditated murder of Odom’s

child (§§ 187

, subd. (a), 664, subd. (a) ); and attempted murder of Odom

(§§ 187

, subd. (a), 664, subd. (a) ) with two firearm enhancements (§§ 12022.5,

subd. (a), 12022.53, subd. (b))

.

Before trial, Ibe moved to suppress her post

- arrest interview statement.

A t the hearing on the motion

, one of the interviewing detectives testified that

during the interview Ibe had appeared alert, orientated, and of sound mind.

The detective testified that Brooks had identified Ibe as the shooter during

his own interrogation, but the detectives had asked Brooks to identify her in

person for “thoroughness of investigation” and becaus e Ibe had worn a mask

during the shooting. The detective also testified that attempting to make co

arrestees believe that one had somehow incriminated the other was a “tool” of

the interrogation process. The detective testified that asking suspect s

, such

as Ibe

, if they knew what they were being charged with was a “ common

practice.” The interrogation was recorded by video

, and the recordings were

admitted into evidence.

The trial court denied the motion. Finding the detective to be credible

,

it concluded that Brooks’ “ brief dispassionate and factual ” doorway

identification and the detective’s “routine” inquiry as to Ibe’s knowledge of

the charges did not constitute an interrogation

. The trial court also

concluded that the second waiver was valid

, after noting that Ibe appeared

“very calm” and “very articulate” during the interrogation.

1 All further statutory references are to the Penal Code.5

The jury found Ibe guilty as charged on all four counts, and found the

firearm allegations true

. The trial court sentenced Ibe to 25 years to life in

prison for conspiracy to commit premeditated murder

, and stayed the

sentences on the remaining counts and enhancements

.

II. DISCUSSION

Miranda held that to protect the federal constitutional right against

self

- incrimination, “any person who is suspected or acc used of a crime and

who has been taken into custody or otherwise restrained may not be

interrogated by the police unless he [or she] first knowingly and intelligently

waives his [or her] right to silence, to the presence of an attorney, and to

appointed co unsel if indigent. ” ( People v. Ray (1996) 13 Cal.4th 313, 336.)

When the accused has invoked his or her right to counsel, a valid waiver of

that right cannot be established unless the accused initiates further

communication with the police. ( Oregon v. B radshaw (1983) 462 U.S. 1039

,

1044 ( Bradshaw ).) “ Statements obtained in violation of Miranda are not

admissible to prove the accused ’ s guilt in a criminal prosecution.” ( Ray

,

supra

, 13 Cal.4th at p. 336 .) In reviewing Miranda claims, we accept the

trial court’s resolution of disputed facts and evaluations of credibility if

supported by substantial evidence ( People v. Enraca (2012) 53 Cal.4th 735,

753)

, “ ‘ but we independently decide whether the challenged statements were

obtained in violation of Mir anda .’ ” ( People v. Gonzales (2012) 54 Cal.4th

1234, 1269 ( Gonzales ).)

Here, Ibe argues that her post

- arrest interview statement should have

been suppressed for three reasons : (1) the detectives improperly reinitiated

the interrogation after Ibe invoked her right to counsel ; (2) a valid waiver

cannot be established because Ibe did not initiate further communication

with the detective after the invocation ; and (3) Ibe’s second waiver

, obtained6

after she told the detective she wanted to talk, was no t “ knowingly,

intelligently, and voluntarily” made. We are not persuaded

.

A. The Detectives Did Not Reinitiate the Interrogation

Ibe first argues that her statement was inadmissible because the

detectives improperly reinitiated the interrogation after she invoked her right

to counsel

. Specifically, she contends that the doorway identification by

Brooks and the question to Ibe about whether she had been advised of the

charges against her constituted interrogation

.

“ Miranda safeguards come into play whenever a person in custody is

subjected to either express questioning or its functional equivalent. That is

to say, the term ‘ interrogation ’ under Miranda refers not only to express

questioning, but also to any words or action s on the part of the police (other

than those normally attendant to arrest and custody) that the police should

know are reasonably likely to elicit an incriminating response from the

suspect. ” ( Rhode Island v. Innis (1980) 446 U.S. 291

, 300

– 301 ( Innis ) .) “ The

latter portion of this definition focuses primarily upon the perceptions of the

suspect, rather than the intent of the police .” ( Id. at p. 301. ) In Innis

, a

suspect showed police officers the location of a gun after overhearing their

conversation that there was a nearby school for handicapped children and a

child might get hurt if he or she found the gun

. ( Id. at p. 295.) The United

States Supreme Court conc luded that the suspect was not interrogated

within the meaning of Miranda

, as the conversation was “ nothing more than

a dialogue between the two officers to which no response from the respondent

was invited.” ( Id. at p. 302.)

We conclude that the doorway identification here similarly did not

constitute an interrogation because no response from Ibe was invited. ( Innis

,

supra

, 446 U.S. at p. 302.) Indeed, the detectives did not even give Ibe an7

opportunity to respond: they left as soon as Brooks identifi ed her as the

woman with the gun

. ( See Shedelbower v. Estelle (9th Cir. 1989) 885 F.2d

570, 574 [ explaining that where officers left suspect after he insisted he

wanted to talk

, “it hardly seems reasonable that the police were eliciting a

response from [the suspect] ; otherwise, they would have stayed and listened

to him confess right then ” ] .) Ibe’s reliance on People v. Fioritto (1968) 68

Cal.2d 714 is misplaced. In that case, officers confronted the 19

- year

- old

defendant with two of his accomplices who had confessed and implicated the

defendant

. ( Id. at p p. 717

, 720 .) One of the accomplices had a heated

argument with the defendant over a small loan. ( Ibid .) T he d efendant was

then asked if he wanted to sign a waiver and confess. ( Ibid. ) Nothing of the

sort occurred here. The doorway identification by Brooks of Ibe was brief and

discrete

, and Ibe was not asked or given an opportunity to respond.

As to the detective’s question whether Ibe had been informed of her

charges, it was a simple booking inquiry “ normally attendant to arrest and

custod y

. ” ( Innis

, supra

, 446 U.S. at p. 301 .) T he detective testified that

asking the question was a “ common practice” when booking a suspect, and

the trial court found the detective to be credible

. The video recording

supports that finding : the detective reentered the room

, telling Ibe that they

were “[a]lmost done” and needed to collect her shoes before asking her the

question

. Given this context, the inquiry is reasonably viewed as part of the

routine custodial process

.

N either the doorway identification nor the inquiry regarding the

charges constituted an “interrogation” under Miranda

.8

B. Ibe Initiated Further Communication with the Detective s

Ibe argues that she did not waive her right to counsel by further

communicating with the detectives because she “only wanted to know whom

Brooks had named as his girlfriend.” We disagree.

In Bradshaw

, the United States Supreme Court concluded that a

defendant’s statements were admissible where he invoked his ri ght to

counsel and later asked a police officer, “ ‘ Well, what is going to happen to me

now? ’ ” ( Bradshaw

, supra

, 462 U.S. at pp

. 1041

– 1042.) Contrasting this

question with a routine custodial request for a drink of water or to use the

telephone, Bradshaw reasoned : “Although ambiguous, the respondent ’ s

question in this case as to what was going to happen to him evinced a

willingness and a desire for a generalized discussion about the investigation;

it was not merely a necessary inquiry arising out of the incidents of the

custodial relationship. It could reasonably have been interpreted by the

officer as relating generally to the investigation.” ( Id. at pp. 1045

– 1046 .)

So too here. Ibe initiated further communication with the detective by

asking him to close the door and talk with her

. Her request did not relate to

“rout in e incidents of the custodial relationship,” but instead “evinced a

willingness and a desire for a generalized discussion about the investigation.”

( Bradshaw

, supra

, 462 U.S. at pp. 1045

– 1046.) The d etective apparently

understood the request as such because he immediately reminded Ibe that

she had earlier invoked her right to counsel and entered into further

discussions only after re

- reading the Miranda advisem ent and ensuring that

she wanted to waive her right to counsel.9

C. Ibe ’s Second Waiver W as Valid

Ibe argues that even if she did reinitiate the conversation

, her second

waiver was not “kno wingly, intelligently, and voluntarily” made

. Again, we

disagree.

“ ‘In determining the validity of a Miranda waiver, courts look to

whether it was free from coercion or deception, and whether it was “ ‘made

with a full awareness of both the nature of the right being abandoned and the

consequences of the decision to abandon it.’ ” ’ ” ( Gonzales

, supra

, 54 Cal.4th

at p. 1269.) The prosecution bears the burden to establish waiver by a

preponderance of the evidence. ( Berghuis v. Thompkins (2010) 560 U.S. 370,

38 3

– 38 4 .) The ultimate question is “whether the Miranda waiver was

knowing and intelligent under the totality of the circumstances surrounding

the interrogation” ( People v. Cruz (2008) 44 Cal.4th 636, 668), “ ‘keeping in

mind the particular background, experience[,] and conduct of the accused.’ ”

( Gonzales

, supra

, 54 Cal.4th at p. 1269 .)

He re, Ibe argues that there was no valid waiver because the detectives

“taunted [her] with Brook s ’ infidelity and repudiation of her” and provoked

an emotional reaction from her to waive her right s

. Ibe provides no authority

to support her argument, which is further belied by the record. In t he video

recording of the interrogation

, Ibe appears coherent and calm throughout

.

Moreover, t he record shows that Ibe chose to waive her Miranda rights with

a full understanding of their nature and the consequences of abandoning

them . When Ibe expressed he r desire to waive , the detective asked if she

would like an opportunity to think about it and then left the room for several

minutes. After reading the Miranda advisement for the second time, Ibe

stated that she understood those rights. T he detective then explicitly asked

Ibe whether she w anted to waive those rights and talk. Ibe responded:10

“Yeah.” The prosecuti on met its burden to establish Ibe’s valid waiver by a

preponderance of the evidence

. ( Berghuis v. Thompkins

, supra

, 560 U.S. at

p p

. 383

– 384 .)

The trial court did not err in denying Ibe’s motion to suppress her post

arrest interview statement

.

D ISPOSITION

The judgment is affirmed

.11 _________________________

Humes, P.J.

WE CONCUR:

_________________________

Margulies, J.

_________________________

Sanchez, J.

People v. Ibe A159571