Camino

Defendant Jose Juvenal Camino and his fellow gang member, Rolando Palacios, were involved in a gunfight with a rival gang on September 30, 2007. Palacios, the lone shooter in defendant’s group, was shot and killed by a bullet of unknown origin.

Hours later, officers interviewed defendant at the police station without reading him his rights under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ] (Miranda). During the interview, defendant revealed, inter alia, that he, Palacios, and a third companion had driven in an alley in pursuit of rival gang members and that Palacios had stepped out of the car and shot at their rivals. After this first interview, the officers gave defendant a short break. Then they moved him to a different room, advised him of his Miranda rights, and interviewed him a second time. Defendant related the same events he had described in his first interview.

Defendant was subsequently tried pursuant to the provocative act murder doctrine (under which a “person can be guilty of murder .. . even if someone else did the actual killing”) for the homicide of Palacios. (CALCRJM No. 561.) At trial, the People conceded that defendant’s…