P. v. Goldman
Defendant Don Goldman was charged with first degree premeditated murder (Pen. Code,[1] § 187, subd. (a)) with the personal use of a firearm causing death (§ 12022.53, subd. (d)) and possession of a firearm by a felon (former § 12021, subd. (a), now § 29800, subd. (b)). It was further alleged that defendant suffered three prior felonies resulting in prison terms within the meaning of section 667.5 subdivision (b). After a jury trial, defendant was convicted of the lesser included offense of voluntary manslaughter (§ 192, subd. (a)) and being a felon in possession of a firearm. In a bifurcated proceeding the trial court found the prior conviction allegations true. The trial court subsequently sentenced defendant to a 14-year prison term.
On appeal, defendant contends the trial court erred in denying his motion to exclude evidence of a gun and the testimony of a witness pertaining to the gun as the evidence was discovered as the fruit of a violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). He further argues the trial court erred in admitting certain phone records as the records were irrelevant to the proceedings. We find defendant’s contentions without merit and affirm the judgment.
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