People v. Edwards

Opinion

BEDSWORTH, J.

A jury convicted Thomas Ellis Edwards of petty theft with a prior and possessing a controlled substance.

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It also found he had suffered two prior strike convictions and served three prior prison terms. On appeal, he contends the court erred by: (1) denying him the opportunity to challenge the admissibility of his confession outside the presence of the jury;

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(2) refusing to sever the charges; (3) instructing with CALJIC No. 2.15; and (4) sentencing him to 25 years to life in prison. He also contends the prosecutor committed misconduct in closing argument, and the “Three Strikes” law is unconstitutional. Finding no merit to these contentions, we affirm the judgment.

Late one evening, Fullerton Patrol Officer William Kendrick, Jr., saw Edwards driving in a strip mall with his lights off. Because all of the stores in the mall were closed, Kendrick contacted him to see what he was up to. While they were talking, Edwards consented to a search of his vehicle. In it, Kendrick found two knives, an axe, a flashlight, a cutting torch, and an Uzi-style toy gun. He also found a variety of tools, including a sledgehammer, a prying device, and two pairs of bolt cutters.

Further investigation by Kendrick uncovered the fact that the vehicle identification number on Edwards’s vehicle did not correspond to the license plate number. When Kendrick examined the license plate, he noticed another one underneath it covered with tape. The taped plate was the original and the other one was stolen. Following this discovery, Kendrick arrested Edwards on suspicion of burglary and took him into custody.

At the stationhouse, Police Officer Brian Cox questioned Edwards after reading him his

Miranda

rights

(Miranda

v.

Arizona

(1966) 384 U.S. 436). Edwards admitted he was on the prowl to commit a burglary when Kendrick stopped him. He explained the tools in his vehicle were for breaking into things, and the weapons were for protection. Edwards also admitted he had pilfered the stolen license plate that was found on his vehicle. He said the stolen plate would help him avoid apprehension during a burglary because if someone reported the plate’s number to the police it would “not come back to him.” When Cox asked Edwards about drugs, he said he had used methamphetamine two days earlier.