California v. Roberts

A jury convicted defendant Antwaren Roberts of attempted murder and related offenses arising out of an incident 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 Penal Code section 186.22. In the published portion of its opinion, the Court of Appeal addressed Roberts's contention that the California Supreme Court's recent decision in California v. Elizalde, 61 Cal.4th 523 (2015), precluded admission of certain un-Mirandized statements Roberts made during custodial booking interviews in which he admitted gang membership. Although the interviews occurred years before the crimes with which Roberts was now charged, when he was under arrest for other crimes, the Court concluded a Miranda violation does not evaporate with the passage of time such that the statements become cleansed and admissible as to future misdeeds. Accordingly, the Court reversed the jury's findings as to the gang enhancement. In all other respects the Court affirmed the judgment after addressing Roberts's additional contentions in the unpublished portion of the opinion. View "California v. Roberts" on Justia Law