California, United States of America
The following excerpt is from The People v. Robair, No. 2006033339, No. B209860 (Cal. App. 2010):
7. To the extent appellant claims he did not voluntarily waive his Miranda rights, he forfeited his right to challenge his confession on that basis by failing to raise the claim below. (See People v. Cruz (2008) 44 Cal.4th 636, 669 [motion to exclude confession based on Miranda violation does not preserve claim that confession was also involuntary].) Indeed, the People's opposition to appellant's motion expressly recognized that appellant was not challenging his Miranda advisement and waiver, and appellant never disputed this characterization. In any event, the court amply supports the trial court's finding that appellant understood and validly waived his Miranda rights.
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