Supreme Court of California

Sentence and conviction for three first degree murders and of conspiracy to participate in a criminal street gang and to commit murder and assault with a deadly weapon, with several street gang and firearm enhancements, are affirmed where, although routine questions about gang affiliation, posed to defendant while processing him into jail on murder charges, exceeded the scope of Miranda's booking exception, and officers should have known these questions were reasonably likely to elicit an incriminating response because of California's criminal gang statutes and defendant's pending charges, the admission of the statements was not prejudicial.

Appellate Information

• Decided 06/25/2015
• Published 06/25/2015

Judges

• CORRIGAN,

Court

• Supreme Court of California

Counsel