P. v. Scott
The jury found defendant Ernest Kendall Scott guilty of the first degree murders of Charles Trice on October 9, 2003, and Victoria Gnerlich on July 27, 2003 (Pen. Code, 187, subd. (a)). The jury returned true findings of burglary and robbery special circumstances as to both murders ( 192, subd. (a)(17)), along with a multiple murder special circumstance ( 190.2, subd. (a)(3)).[2] Defendant was also convicted of grand theft of an automobile ( 487, subd. (d)(1)), first degree robbery ( 211), and first degree occupied burglary ( 459, 667.5, subd. (c)(21)) in connection with the Trice murder. As to the Gnerlich incident, the jury also found defendant guilty of first degree robbery and first degree occupied burglary. The jury fixed defendants punishment at life imprisonment without the possibility of parole for both murders following a penalty phase trial. In addition to the two life terms without parole, the trial court imposed a two-year midterm sentence for the grand theft auto conviction. The court imposed the midterm as to all remaining counts, but stayed the sentences pursuant to section 654. A five-year enhancement was imposed for a prior serious felony conviction under section 667, subdivision (a)(1). In his timely appeal, defendant contends the trial court erred in denying his motion to suppress his custodial statements to the police on the ground that the interrogating officers failed to obtain defendants waiver of constitutional rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). Defendant also contends the court improperly imposed the five-year serious felony enhancement. Defendants Miranda claim fails, but we agree the five year enhancement must be stricken. In all other respects, the judgment will be affirmed.
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