P. v. Webber
A jury convicted Krysten Webber of aiding and abetting the first degree murder of Steven Hartt (see Pen. Code, 187, subd. (a); all further unlabeled statutory references are to this code, unless otherwise noted), and found true the special circumstance that she committed the murder in the course of a robbery ( 190.2, subd. (a)(17)(A)). The jury also convicted Webber of first degree robbery ( 211, 212.5, subd. (a)), and found she personally used a firearm in the murder and robbery ( 12022.53, subd. (b)). For the murder, the trial court imposed a sentence of life in prison without the possibility of parole, plus additional terms for the arming enhancement, robbery conviction, and Webbers guilty plea to possession of a firearm by a felon.
Webber contends a statement she gave to police following the murder should have been suppressed because she did not knowingly waive her rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) and because her lack of sleep and use of methamphetamine rendered any waiver involuntary. She also argues the trial court erred by not requiring the prosecution to disclose medical reports concerning a brain injury the victim previously suffered, which bolstered her claim he had a propensity to lash out angrily, supporting her self-defense claim. She raises four claims of prosecutorial misconduct and, lastly, asserts the trial court misinstructed the jury on the robbery murder special circumstance. Finding no basis to overturn the judgment, Court affirm.
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