People v. Perez
Marcus Perez appealed the judgment of conviction entered on a jury verdict finding him guilty of second-degree assault on a peace officer and four counts of possession of a dangerous weapon by a previous offender.
Perez had been arrested during a traffic stop where he attempted to run from police on foot and then attacked the arresting officers.
After handcuffing Perez, an officer frisked him and found two shotgun shells in his pocket. Before advising him of his Miranda rights, the officer asked Perez where the gun was. Perez said he threw it away. Perez contended that t