Claxton

Frank Mike Claxton appeals from a judgment entered on jury verdicts finding him guilty of murder and attempted *644 robbery with personal use of a deadly or dangerous weapon in the commission of each offense and infliction of great bodily injury in the attempted robbery. The jury found the murder to be in the first degree and further found the murder to be wilful, deliberate and premeditated and personally committed by the appellant during the attempted commission of a robbery. Because appellant was 17 years old at the time of the offense, he was sentenced to life in prison without possibility of parole. Several issues in the appeal concern the penalty which must be set aside under People v. Davis (1981) 29 Cal.3d 814, 832 [ 176 Cal.Rptr. 521 , 633 P.2d 186 ].

The major evidence against appellant was the testimony of one co-conspirator, an extrajudicial statement of another, and statements made by appellant after his arrest as related by his cellmates and a juvenile hall employee. The principal issues on appeal concern the use and admissibility of these statements. Due to the seriousness of the offense, our analysis is rather detailed. We conclude that there was no…

We concur.

We wish to note, however, that while we agree with the holding that appellant’s statements to Mr. Huston were not the product of a police “interrogation,” we disagree with the finding that Huston was not a police agent or peace officer within the meaning of Miranda.

Although Huston apparently had no investigative functions, he had training in security measures and had custody responsibility of appellant. In short, Huston was more than a janitor or a cook at the juvenile facility; he was in essence a “jailor.”

Justice Kaus, in holding that a security guard employed by the Los Angeles County General Hospital does not belong to that class of people who must advise a suspect of his constitutional rights prior to asking a question which may elicit an incriminating statement, had the following to say in People v. Wright (1967) 249 Cal.App.2d 692, 694-695 [ 57 Cal.Rptr. 781 ]: “It does not matter that a particular employee’s duties may be confined to the protection of persons and property on his employer’s premises or that his employer may be the state, a political subdivision thereof or a local entity. What does matter is whether he is employed by an agency of government,…

STONE (C.V.) J. [*]

Frank Mike Claxton appeals from a judgment entered on jury verdicts finding him guilty of murder and attempted robbery with personal use of a deadly or dangerous weapon in the commission of each offense and infliction of great bodily injury in the attempted robbery. The jury found the murder to be in the first degree and further found the murder to be wilful, deliberate and premeditated and personally committed by the appellant during the attempted commission of a robbery. Because appellant was 17 years old at the time of the offense, he was sentenced to life in prison without possibility of parole. Several issues in the appeal concern the penalty which must be set aside under People v. Davis (1981) 29 Cal.3d 814, 832 [ 176 Cal. Rptr. 521 , 633 P.2d 186 ].

The major evidence against appellant was the testimony of one coconspirator, an extrajudicial statement of another, and statements made by appellant after his arrest as related by his cellmates and a juvenile hall employee. The principal issues on appeal concern the use and admissibility of these statements. Due to the seriousness of the offense, our analysis is rather detailed. We conclude that…