MONTAQUE
People v. MONTAQUE
Opinion
Opinion
Certified for Partial Publication [*]
Appellant Bobby Montaque challenges his convictions for murder, assault with a semi-automatic firearm, and shooting at an occupied vehicle on the ground the trial court erroneously admitted his confession in violation of Miranda v. Arizona, refused to instruct the jury it could request readback of testimony, admitted anonymous handwritten rap lyrics and a photograph album found in appellant's room. He also argues the prosecutor's late disclosures of a witness's background as a police informant violated appellant's constitutional and statutory discovery rights. We conclude substantial evidence supports the trial court's finding that appellant knowingly and voluntarily waived his Miranda rights. Because the prosecutor's tardy disclosures about a witness simply pertained to past incidents in which he was a percipient witness or crime victim, no discovery violation occurred. While the trial court erred in refusing to inform the jury it could request readback of testimony and in admitting the photo album and rap lyrics, the errors were harmless in light of the strong evidence against appellant.