People v. Flores CA5

INTRODUCTION

Codefendants Jesus Reynoso Flores and Jose Antonio Flores-Ventura were convicted of the murder of Alberto Ivan Narvaez-Torres and the attempted murder of Sergio Ventura. Flores contends the trial court erred in denying his motion to suppress his confession because he alleges the police violated Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) by continuing the interrogation when Flores asked to go back to his cell. Flores-Ventura contends the trial court erred in its jury instruction regarding his mental state for attempted murder. Both defendants contend the trial court erred in failing to make them jointly and severally liable for direct victim restitution. We reject these contentions. Defendants further contend, and the People concede, that they are entitled to one additional day of presentence custody credit.

PROCEDURAL BACKGROUND

On March 21, 2013, just after the commencement of trial, the court ordered each defendant to be tried by separate juries. Separate juries were empaneled in each defendant’s case. On April 23, 2013, the juries reached their verdicts. The Flores jury found him guilty in count 1 of first degree murder of Narvaez- Torres (Pen. Code,1 §…