P. v. Lockhart
Scott Bail met defendant Richard Anthony Lockhart at a bus stop and invited defendant to the apartment shared by Bail and his roommate John Jakway. During the night, Jakway was stabbed and Scott Bail was struck in the face as he entered the bedroom in response to Jakway’s cries for help. Defendant was convicted by a jury of second degree murder of John Jakway and misdemeanor battery of Scott Bail. He admitted a prior conviction alleged under the Strikes law, and was sentenced to a term of 30 years to life for the second degree murder, and a current term of six months for the battery. Defendant appealed.
On appeal, defendant claims the court erred in (1) admitting his pretrial statement to investigating detectives on the grounds he had invoked his right to counsel prior to being admonished of his Miranda rights,[1] and (2) denying his motion for mistrial on the ground of prosecutorial misconduct for distributing a transcript of defendant’s taped interview which included information about defendant’s probation and parole status. We affirm with directions to amend the abstract of judgment.
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