Briscoe

Applying the provocative act murder doctrine, a jury convicted appellant Khyle Armando Briscoe of first degree murder, first degree robbery, and first degree burglary. It also found true a special circumstances allegation on the murder charge and firearm use allegations associated with all three offenses. (See Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17), 211, 459; see also former §§ 190.2, as amended by Stats. 1995, ch. 478, § 2 [approved by voters Mar. 26, 1996], 12022.5, subd. (a)(1), as amended by Stats. 1995, ch. 377, § 9.) Briscoe was sentenced to an indeterminate term of life imprisonment without possibility of parole with an added four-year term for firearm use in the commission of the murder. He appeals, contending that (1) he was improperly convicted of murder with special circumstances under the provocative act murder doctrine; (2) the trial court erred by admitting evidence of two statements he gave to police officers and by instructing the jury about admissions he made in those statements; (3) he was deprived of a meaningful opportunity to present a complete defense in violation of his constitutional rights to due process, compulsory process and…