California v. Delgado

A jury found defendant Ezekiel Delgado guilty of two counts of first degree murder and one count of discharging a firearm at an occupied vehicle, found true a multiple-murder special circumstance and found that Delgado personally used a firearm, causing death. The trial court sentenced him to prison for a total unstayed term of 100 years to life. On appeal, defendant first claimed: (1) his inculpatory statements to the police should have been excluded on various grounds; (2) no substantial evidence supported the murder charge; (3) the trial court misinstructed on felony murder; (4) the trial court misinstructed on voluntary intoxication; (5) limits on the voluntary intoxication defense violate due process; and (6) he was entitled to a juvenile transfer hearing because of the passage of Proposition 57. The Attorney General conceded the last point. The Court of Appeal agreed with the parties that it had to remand for a juvenile transfer hearing, and agreed with defendant that, while on remand, the trial court should have the opportunity to consider exercising its newly acquired discretion regarding firearm enhancements. In the published portion of its opinion, the Court concluded the trial court erred in admitting some of defendant’s inculpatory admissions, but found the error harmless beyond a reasonable doubt. The Court disagreed with defendant’s remaining contentions of error, and remanded for further proceedings. View "California v. Delgado" on Justia Law