Simpson

Appellant Bobby Anthony Simpson appeals after a court trial from which he was convicted of one count of murder with special circumstances, two counts of robbery, and two counts of burglary. Additionally, the trial court found that in the commission of those crimes, appellant personally used a knife.

Issues

The contentions on appeal are that (1) the trial court erred in failing to suppress appellant’s confession, and (2) the special circumstance findings should be set aside due to the lack of a proper waiver of the right to a jury trial.

Procedural History

The information charged appellant with the following offenses:

As mentioned, appellant was also charged in all counts with personal use of a knife (Pen. Code, § 12022, subd. (b)).

Appellant’s motion to suppress his confession was heard toward the end of the jury selection process. After the motion was denied, appellant waived his right to a jury trial. He agreed that the matter would be submitted to the trial judge on the preliminary hearing transcript, with the understanding that both sides reserved the right to offer additional evidence. In consideration of the jury waiver by appellant, the prosecution announced…