P. v. Simmons
A jury acquitted Andre Anthony Simmons of first and second degree murder (Pen. Code, § 187),[1] but convicted him of the lesser included offense of voluntary manslaughter (§ 192). The jury also convicted him of shooting at an inhabited motor vehicle (§ 246). As to both crimes, the jury found true allegations Simmons personally used a firearm in the commission of them (§ 12022.5, subd. (a)). Conversely, as to both crimes, the jury found false allegations Simmons committed the crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)). The jury similarly acquitted Simmons of active gang participation (§ 186.22, subd. (a)). The trial court sentenced Simmons to 15 years in prison.
Simmons appeals, arguing the trial court violated his constitutional rights by allowing the prosecution to use statements in its case-in-chief obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). We conclude no Miranda violation occurred and affirm the judgment.
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