Russell

People v. Russell

Good Law
2017 Cal. App. LEXIS 244·215 Cal. Rptr. 3d 771·9 Cal. App. 5th 1050
Court of Appeal of CaliforniaMarch 17, 2017No. E064121California3,056 words

Opinion

lead Opinion

Codrington, J.

*1053 Opinion

I

INTRODUCTION

Defendant Tamonte Tyree Russell and codefendants, Ronald Edward Butterfield and Eric Lamichael Deon Williams, were charged with committing attempted murder (Pen. Code, §§ 664, 187; 1 count 1), aggravated mayhem (§ 205; count 2), torture (§ 206; count 3), and assault with a deadly weapon (§ 245, subd. (a)(1); count 4). The trial court severed defendant’s trial from the other two defendants’ trial. The jury found defendant guilty of aggravated mayhem, torture, and assault with a deadly weapon, but not guilty of attempted murder. The trial court sentenced defendant to seven years to life in prison.

Defendant appeals his convichons on the grounds there was no unanimous oral declaration of a guilty jury verdict and the trial court erred in denying his motion to exclude statements he made during a police interview before he was advised of his Miranda 2 rights. Defendant also contends the trial court violated his conshtuhonal due process rights by failing to disclose Juror No. ll’s (TJ11) identifying information, and by not subpoenaing TJ11 to testify regarding juror misconduct disclosed to trial counsel. We reject defendant’s objections for the reasons…

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