P. v. Moore
Defendants Thomas Moore and Dainette Robinson appeal from judgments of conviction for first degree robbery (Pen. Code, 211),[1]first degree burglary ( 459) and false imprisonment by violence or menace ( 236). Moore was also convicted of possession of a firearm by a felon. ( 12021, subd. (a)(1).) Wanda Sanders appeals from a judgment of conviction for possession of controlled substances. (Health & Saf. Code, 11350, subd. (a).)
Moore and Robinson each contend the trial court erred in not striking the victims testimony after he asserted his Fifth Amendment rights regarding an arrest unrelated to the crimes at issue here. They also contend error for failure of the trial court to instruct the jury on the lesser included offense of false imprisonment without violence or menace. Sanders urges the court erred in allowing the prosecution to elicit a statement made by Sanders, previously ruled inadmissible in violation of her Miranda[2]rights, during redirect examination of a police officer. Each appellant challenges the sentences received pursuant to the United States Supreme Court decision in Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Additional sentencing errors are raised, a number of which respondent concedes.
Court conclude that the trial court did not commit prejudicial error in refusing to strike the victims testimony or in failing to instruct on the lesser included offense. Nor did the court abuse its discretion in allowing admission of Sanderss statement on redirect examination. Accordingly, Court affirm the judgments of conviction.
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