Walkkein

Joseph L. Walkkein and Antonio Royal Watson were charged by information with attempted robbery (count 1; Pen. Code, § 664/211) [1] and burglary (count 2; § 459). During their court trial, over Watson's objection, extrajudicial statements by Walkkein which incriminated Watson were admitted into evidence as to Walkkein only.

Watson's appeal raises the issue of whether the rule of People v. Aranda (1965) 63 Cal.2d 518 [ 47 Cal. Rptr. 353 , 407 P.2d 265 ], prohibiting the admission into evidence of extrajudicial statements by one codefendant, which incriminate another codefendant, applies where the defendants waive trial by jury and are tried by the court. This issue has not been explicitly resolved in any published California case. However, well-established federal authorities have concluded the United States Constitution does not require application of the rule in a court trial. ( Richardson v. Marsh (1987) 481 U.S. 200, 207-208 [ 95 L.Ed.2d 176, 184-185 , 107 S.Ct. 1702 ]; Rogers v. McMackin (6th Cir.1989) 884 F.2d 252, 256-257 , cert. denied in Rogers v. Hills (1990) ( 493 U.S. 1061 [ 107 L.Ed.2d 960 , 110 S.Ct. 877 ].) We therefore will conclude that…