P. v. Tabron CA1/4
Joseph Daniel Tabron, Joseph Manuel Castro, and Joseph Robert Silva appeal their convictions for the felony murder of Noe Garcia and Trisha Forde that occurred in the course of a home-invasion robbery and kidnapping. Appellants allege the trial court improperly denied their Batson/Wheeler motion for dismissal of two African-American jurors. They argue the trial court should have suppressed Silva’s confession as both violating Miranda and because it was not voluntary. Appellants further argue the trial court failed to provide jury instructions on defense theories and improperly denied their motion for acquittal at the close of the prosecution’s case. Silva alleges the court should have provided an instruction on voluntary intoxication for him. Castro argues the court improperly admitted his prior conviction for theft to show intent.
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