P. v. Jelks CA2/5
Defendant and appellant Kelvin Jelks (defendant) was convicted of second degree robbery, and assault with a semiautomatic firearm. On appeal, defendant contends: (1) the police’s photographic lineup violated his due process rights; (2) his statement made to a police officer at the hospital was inadmissible because it was obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (3) the trial court erred by denying his new trial motions based on ineffective assistance of counsel; (4) this court should conduct an independent review of the sealed transcript of the trial court’s in camera hearing conducted pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); and (5) the matter should be remanded to the trial court to allow it to exercise its discretion to strike the firearm enhancements. We affirm the convictions but reverse the sentence and remand for the trial court to determine whether to strike the firearm sentencing enhancements.
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