P. v. Jones
Defendants went on a five-hour crime spree. Defendant, who was armed with a gun, robbed a restaurant and two gas stations, each time fleeing to a waiting car driven by defendant Jones.
Juries convicted each defendant of three counts of robbery (Pen. Code, S 211; unspecified section references that follow are to the Penal Code) and one count of attempted robbery (SS 664/211), and found the charged enhancements to be true (SS 12022, subd. (a)(1); 12022.53, subd. (b)). The trial court sentenced defendant to a prison term of 20 years 8 months, and defendant Jones to a prison term of 5 years 8 months.
Both defendants appeal. Defendant contends that (1) statements were admitted in violation of Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694]; (2) instructions on aiding and abetting were incomplete; (3) the court erred in failing to instruct on lesser included offenses; and (4) the abstract of judgment does not accurately reflect the ordered restitution and parole revocation fines. Only this last contention has merit. Court therefore order a correction to the abstract of judgment but otherwise affirm the judgment as to defendant Jones.
Court reach a different conclusion as to defendant. Defendant presents several claims of error but one is dispositive: the verdicts were returned in a manner that violated his constitutional right to a public trial. This structural error compels reversal of his convictions.
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