Smithson

These appeals arise from the convictions of defendants Charles Frank Spence (Spence) and Thomas John Smithson (Smithson) for the robbery and murder of Dominick Virgil Tonelli (Tonelli or the victim).

We consolidated the appeals on our own motion. Spence alleges: (1) the trial court improperly refused to conduct a full hearing on Spence’s motion to exclude his confession from evidence; (2) the trial court erroneously determined Spence had voluntarily waived his rights under Miranda v. Arizona (1966) 384 U.S. 436 [ 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 ] (Miranda); (3) the trial court improperly instructed the jury on the crime of felony murder; (4) there was insufficient evidence to support Spence’s conviction of first degree murder; (5) there was insufficient evidence to support the jury’s special circumstance finding; and (6) the trial court imposed an unconstitutionally cruel and unusual sentence on Spence. We reject each of these claims and affirm the judgment against Spence. The published portion of our opinion on Spence’s appeal presents our analysis of Spence’s first and third grounds for appeal.

Smithson alleges: (1) the evidence was insufficient to…