Lujan

I. Introduction

Defendant, Reuben Kenneth Lujan, appeals from his conviction for two first degree murder counts (Pen. Code, § 187, subd. (a)) and one stalking count. (§ 646.9, subd. (a).) Defendant was also found to have personally used a deadly weapon in the commission of both murders. (§ 12022, subd. (b)(1).) The jury also made true findings regarding the special circumstance allegations of intentional killing while lying in wait and conviction of multiple murders. (§ 190.2, subd. (a)(3), (15).) Defendant was convicted of stalking in the initial trial. A mistrial was declared as to the two murder counts at that trial because the jury was unable to reach a verdict on the homicide charges. The homicide convictions and related special findings occurred during a retrial.

In the published portion of this opinion, we discuss two issues. First, we evaluate whether the advisement of rights given by detectives to defendant, who was in custody, complied with the holding of Miranda v. Arizona (1966) 384 U.S. 436, 444-445 [ 86 S.Ct. 1602, 1612-1613 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 ]. We conclude the advisement of rights did not comply with Miranda but that the erroneous…