P. v. Starkey
A jury found Adam Michael Starkey not guilty of murder (Pen. Code, § 187, subd. (a)),[1] but guilty of the lesser included offense of manslaughter (§ 192, subd. (a); count 1).[2] The jury also found that Starkey intentionally and personally discharged a firearm causing death, in violation of section 12022.5, subdivision (a). The trial court sentenced Starkey to an aggregate term of 21 years in state prison, consisting of 11 years for manslaughter and 10 years for the firearm enhancement.[3]
On appeal, Starkey claims that the trial court erred in denying his motion to suppress evidence of statements that he made during a custodial interrogation in the hours after the homicide. Specifically, Starkey argues that he did not validly waive his "Miranda[[4]] rights" due to his intoxication and emotional distress, and a law enforcement officer's "exploitation of those conditions."[5] Starkey also claims that the trial court erred in discharging a juror in
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