P. v. Spicer CA2/3
Jesse Spicer and Akkeli Frederick were jointly tried by one jury and found guilty of gang-related murder and attempted murder. While in jail, Spicer made incriminating statements to a confidential informant masquerading as a fellow inmate, including ones identifying Frederick as his accomplice. On appeal, both defendants contend that Spicer’s statements should have been excluded. They also contend that there is insufficient evidence to support the judgments, that certain identification evidence and evidence Spicer was on probation were improperly admitted, and the trial court should have imposed a discovery sanction on the prosecution. We reject these contentions but because Spicer and Frederick are entitled to the benefit of recently-enacted ameliorative laws, remand is necessary.
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