P. v. Taylor
Filed 7/31/06 P. v. Taylor CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. DARRELL KEITH TAYLOR, Defendant and Appellant. | E036687 (Super.Ct.No. FSB040446) O P I N I O N |
APPEAL from the Superior Court of San Bernardino County. Arthur Harrison, Judge. Affirmed.
Alisa A. Shorago, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, James D. Dutton, Supervising Deputy Attorney General, and Charles C. Ragland, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
A jury convicted defendant of first degree murder and found true an allegation that he personally used and discharged a firearm. (Pen. Code, §§ 187, subd. (a) & 12022.53, subds. (c) & (d).)[1] Defendant admitted a prior strike conviction. (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d).) He was sentenced to 75 years to life.
Defendant contends that: (1) the court prejudicially erred in permitting testimony of statements defendant made to an investigating officer before he was given the Miranda[2] advisements; (2) the court failed to instruct the jury sua sponte as to the cause of death of the victim; (3) if these errors are insufficient by themselves to require reversal, their cumulative prejudicial effect does; and (4) the court was required, but failed, to hold a proper Marsden[3] hearing. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A. Background
This case arises from a dispute between members of two families ‑‑ the Owens family and the Johnson family ‑‑ and the shooting death of Jerry Owens (Jerry).[4] At the time of the shooting, the Owens family lived at 2005 West Evans in San Bernardino. The Johnson family lived two houses away, at 1983 West Evans. The Owens property has a grass-covered front yard. The distance from the front of the house, across the front yard, to the sidewalk is 27 feet. A six-foot wide strip of grass lies between the sidewalk and the street.
Prior to the date of the shooting, one or more members of the Johnson family had accused Vassie Washington, a member of the Owens family, of breaking into Richard Johnson's car, and stealing money and property. This led to fights between J. R. Johnson and Washington in the days preceding the shooting. In addition, Tammie Owens and Nastashu Johnson had a physical altercation in front of the Owens house the night before the shooting. According to Danifu Owens, during this fight, R. A. said he was going to get a gun. R. A. left and returned with a gun, but, according to Danifu, â€
