P. v. Medlyn
jury convicted defendant Steven Medlyn of first degree murder and first degree burglary (Pen. Code, 187, subd. (a); 459). The trial court sentenced defendant to a prison term of 25 years-to-life for the murder conviction (Pen. Code, 190, subd. (a)), and a consecutive term of six years for the burglary conviction.
Defendant argues: (1) the remedy for the improper admission of defendants post-arrest silence was insufficient, (2) his Sixth Amendment rights were violated when the trial court imposed an upper, consecutive term for burglary, (3) his sentence for burglary should have been stayed pursuant to Penal Code section 654, and (4) the trial court improperly imposed upon him the cost of the presentence report without a finding that he had the ability to pay.
Court shall remand for a determination of defendants ability to pay the cost of the presentence report, and shall direct the trial court to correct a clerical error on the abstract of judgment, but shall otherwise affirm the judgment.
Comments on P. v. Medlyn