People v. Mitchell CA2/2

BACKGROUND

I. Preliminary Hearing

In 1996, an information was filed charging defendant with murder (§ 187, subd (a); count 1), first degree residential burglary (§ 459; count 2), and first degree residential robbery (§ 211; count 3), all committed against one victim. The information also alleged that defendant had killed the victim during the burglary and robbery. At the preliminary hearing, the prosecution called multiple witnesses, including Officer Cindy Gayda, a police officer for the City of Torrance, who described a videotaped interview she conducted with defendant immediately after his arrest. After waiving his Miranda rights, defendant told Officer Gayda that he needed money and food, and remembered that his brother-in-law had a copy of the keys to the victim’s house. Defendant took the keys from his brother-in-law’s truck, used them to enter the empty house, and began ransacking it. When the victim came home, defendant hid from her. Fearful that she might be able to identify him, he waited for the

All further references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change…