P. v. Rhone
An information charged Jamal Tyron Rhone with murder, in violation of Penal Code section 187, subdivision (a) (count 1). It further alleged, under subdivision (a)(17) of section 190.2, the murder was committed during the commission of a robbery. Count 2 alleged second degree attempted robbery, and counts 3 and 4 alleged second degree robbery. As to each count it was alleged Rhone personally discharged a firearm pursuant to section 12022.53, subdivision (d). The information also alleged Rhone was at least 16 years old at the time of his crimes (Welf. & Inst. Code, 707), and he committed the offenses for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). A jury convicted Rhone of all the charged offenses and found all of the special allegations to be true. The trial court sentenced Rhone to a term of life in prison without the possibility of parole consecutive to a determinate sentence term of 43 years and four months. Rhone filed a timely notice of appeal.
Rhone claims the court erred by allowing the prosecution to exclude African-Americans from the jury and by allowing his custodial statements to be admitted. Finding neither contention has merit, Court affirm the judgment.
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