Terrell

A jury convicted defendant Clifton Terrell, Jr., of murder and robbery charges arising from a fatal shooting in the course of an attempted street robbery. Defendant contends that his conviction resulted from the improper admission of a secretly recorded telephonic confession he made to family members immediately after confessing to police. Although the police confession was later found to be involuntary and excluded from evidence, we find no error in the admission of defendant’s ensuing admissions to family members, and affirm the judgment.

I. BACKGROUND

Defendant was charged by information with the murder of Hunter McPherson (Pen. Code, § 187; count 1), robbery of Alexa Savelle (§ 212.5, subd. (c); count 2), attempted robbery of Hunter McPherson (§§ 664, 212.5, subd. (c); count 3), robbery of Wenyun He (§ 212.5, subd. (c); count 4), attempted robbery of Zhao Li (§§ 664, 212.5, subd. (c); count 5), robbery of Jeremy Molinaro (§ 212.5, subd. (c); count 6), and robbery of Davida Froehlich (§ 212.5, subd. (c); count 7). The information further alleged: as to each count that defendant committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)),…