People v. Bonilla CA5

INTRODUCTION

Following a gang-related shooting death, defendant Neftali Bonilla was charged with first degree murder in violation of Penal Code section 187, subdivision (a).1 A jury convicted him of the lesser included offense of second degree murder and found true the enhancements he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)) and a principal used a firearm in the commission of the crime (§ 12022.53, subds. (d) & (e)(1)). Defendant was sentenced to 15 years to life for second degree murder plus an additional 25 years to life for the firearm enhancement, for a total state prison term of 40 years to life. It was defendant’s confession during interrogation that linked him to the murder. Defendant was a juvenile at the time of the crime and, on appeal, he argues that his confession should have been excluded at trial because the advisement of his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) was confusing and therefore inadequate, and he did not knowingly, intelligently and voluntarily waive his rights. He also argues the trial court erred (1) in admitting text messages that were both irrelevant and unduly prejudicial (Evid.…