Dingle

David Michael Dingle appeals a judgment convicting him of first degree murder (Pen. Code, § 187), rape (§ 261, subd. (2)), sodomy (§ 286, subd. (c)), arson (§451, subd. (b)), first degree burglary with intent to commit theft (§ 459), and first degree burglary with intent to rape (§ 459). Dingle, a black male charged with killing a white person, primarily contends his right to trial by a jury chosen from a representative cross-section of the community under article I, section 16, of the California Constitution was violated by the trial court’s failure to order the prosecution to explain the reasons for which two black jurors were peremptorily challenged, and his confession was illegally obtained. Because we hold the court erred in admitting the confession, it is unnecessary to address the jury challenge issue, and we reverse the judgment for that error.

For purposes of guiding the trial court on retrial, we decide other issues raised: whether his conviction of burglary with intent to commit a theft was improper because (1) the unauthorized making of a long distance telephone call is not theft, and (2) if theft, the jury instructions omitted the element of intent to…