People v. Degner

California Court of Appeal Apr 28, 1982 No. Crim. 39843Published

Before: Stephens

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Holding. The court affirmed the defendant's second-degree murder conviction, holding that the trial court properly admitted testimony regarding the defendant's actions at the trash bin and correctly allowed the jury to hear the defendant's taped confession.

Issues

Whether the trial court erred in admitting witness testimony regarding events occurring after the victim's death.
Whether the trial court erred in allowing the jury to hear a taped confession rather than reading a transcript.
Whether the defendant's taped confession was obtained in violation of Miranda rights.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The court clearly recognized the imperative nature of placing defendant in association with the body at the time in question.”

“We can think of no better method for assisting the jury in that determination than permitting it to hear the previous statement in the witness’ own voice.”

“As we read the record, and as the trial court heard the voices on the tape, it can fairly be concluded that the waiver was freely and knowledgeably made.”

Opinion

STEPHENS, Acting P. J.

Defendant was charged with murder in violation of Penal Code section 187.

He was convicted by jury of murder in the second degree.

The facts are that Mr. Smolk was killed and his body placed in a trash bin. Death was attributed to choking-suffocation. The body was found on October 5, 1980. The victim had owned a maroon and silver Buick Regal car, license No. 468YOQ, and a television set. The car was seen in the possession of a codefendant DeSoto and defendant and the television set recovered from defendant’s locker.

A witness testified that DeSoto and defendant visited decedent on October 4, 1980, and the three were seen together in the Buick on that date. At a later time that same day, defendant and DeSoto arrived at a Ms. Madrid’s house in the Buick and she went with them in the car. They stopped at a trash bin, purportedly to dispose of the body of a dead dog, and the two men got out of the car, opened the trunk, removed something from the trunk and put it in the bin. Ms. Madrid identified the trash bin in which the decedent’s body was found as the one by which they had stopped for dumping purposes. Also Ms. Madrid saw the television in the car. The following day the two men visited her a second time. Another witness, one Frazier, testified to seeing DeSoto in possession of the Buick. Frazier overheard a conversation wherein defendant said he had spent the weekend in Los Angeles with DeSoto and that a friend had taken them to the bus station, that defendant had grabbed the friend by the throat, choked him and yanked him into the back seat, and that thereafter the friend’s body was dumped into a

[1052]

dipsy dumpster trash bin. A detective Otterman testified to a statement made by defendant after his arrest. The statement had been recorded and the tape was played to the jury over defense objection. The tape was a confession. Otterman stated he read defendant his

Miranda

rights and had him sign the

Miranda

card at the bottom prior to obtaining the statement. Otterman said defendant waived his rights. The statement also contained a recounting of drug and alcohol ingestion by defendant- prior to the victim’s death.

People v. Degner

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