People v. Galarza CA4/3

INTRODUCTION

A jury convicted Damien Leonard Galarza of one count of first degree 1 murder (Pen. Code, § 187, subd. (a)) and one count of street terrorism (§ 186.22, subd. (a)). In addition, the jury found true two special circumstance allegations—lying in wait (§ 190.2, subd. (a)(15)) and murder to further the activities of a criminal street gang (§ 190.2, subd. (a)(22))—and found true the allegations the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and vicarious discharge by a gang member of a firearm causing death (§ 12022.53, subds. (d) & (e)(1)). The trial court sentenced Galarza to life imprisonment without the possibility of parole for the murder conviction with stayed or imposed concurrent terms for the street terrorism conviction and true findings on the enhancement allegations. Galarza argues the trial court erred in two ways. First, he argues the court erred by receiving in evidence statements he made during a police interrogation after he allegedly invoked his right to remain silent. Second, he argues the court erred by failing to instruct the jury to consider with caution any statement made by him tending to show his guilt,…