Roberts

People v. Roberts

Caution
13 Cal. App. 5th 565·2017 Cal. App. LEXIS 624·220 Cal. Rptr. 3d 703
Court of Appeal of CaliforniaJuly 18, 2017D069355California6,011 words

Opinion

Lead Opinion

Dato, J.

*567 A jury convicted defendant Antwaren Lamont Roberts of attempted murder and related offenses arising out of an incident *705 in which he shot Krystal Sharkey with a handgun. It also found that Roberts committed the crimes for the benefit of a criminal street gang within the meaning of section 186.22 of the Penal Code. 1 In the published portion of this opinion, we address Roberts's contention that the California Supreme Court's recent decision in People v. Elizalde (2015) 61 Cal.4th 523 , 189 Cal.Rptr.3d 518 , 351 P.3d 1010 ( Elizalde ) precludes the admission of certain un- Mirandized 2 statements Roberts made during custodial booking interviews in which he admitted gang membership. Although these interviews occurred years before the crimes with which Roberts is now charged, when he was under arrest for other crimes, we conclude that a Miranda violation does not evaporate with the passage of time such that the statements become cleansed and admissible *568 as to future misdeeds. Accordingly, we reverse the jury's findings as to the gang enhancement. In all other respects we affirm the judgment after addressing Roberts's additional contentions in the unpublished portion of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.