People v. Birden

California Court of Appeal Apr 10, 1986 No. No. BO14947Published

Before: Kingsley

AI Brief

AI-generated · verify before citing

Holding. The court held that the defendant's confession was voluntary, the felony-murder rule applies even if the underlying felony is abandoned or the victim resists, and the defendant's actions constituted an attempted robbery.

Issues

Whether the defendant's confession was obtained involuntarily and should have been excluded.
Whether the felony-murder rule applies when the victim resists or the robbery is abandoned.
Whether the defendant's actions constituted an attempted robbery or mere preparation.
Whether the defendant's sentence was disproportionate under People v. Dillon.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The trial court’s conclusion that the confession was given voluntarily, therefore, can only be because it accepted the testimony of the interrogating officer over that of the defendant. This it had every right to do.”

“A homicide need not occur while the underlying felony is in progress to trigger operation of the felony-murder rule.”

“The defendant’s brief but forcible entry into the victim’s apartment is an overt and unequivocal act towards the robbery he intended to commit.”

[1023]Opinion

KINGSLEY, Acting P. J. The defendant appeals his conviction for one count of murder (Pen. Code, § 187), two counts of attempted robbery (Pen. Code, §§ 211, 664) and one count of conspiracy to commit robbery (Pen. Code, §§ 182, 211). We affirm.

Facts

Over the Thanksgiving weekend in 1983, the defendant and two other individuals conspired to hold up a card game that they heard was taking place at an apartment in the Nickerson Gardens Housing Project. The apartment in question belonged to the murder victim, Elizabeth George, who was having her family over that weekend to celebrate the holidays. The defendant confessed to the police that he and another man were to approach the front door of the apartment while a third individual, Joe Page, went around to the back with a shotgun.

At about 7 that evening the defendants knocked on the door of the apartment which was answered by Beebe “James” Brewer, Elizabeth George’s boyfriend. Brewer testified that the defendants then either asked for someone or stated that this was a holdup. The defendant then pushed Brewer to the floor and held the door open.

Observing all this was Elizabeth George’s daughter-in-law, Diane Haughton. When Brewer was pushed to the floor, she ran into the kitchen where Elizabeth George and some other friends and relatives were playing cards. No money was involved in the game. Diane Haughton then told everyone that someone was at the door and had pushed James. Elizabeth George then got up, stormed into the living room and shoved the two would-be holdup men out the door. Grabbing a bottle she used as a vase, Elizabeth George reopened the door, telling the others, “I’m going to see what these mother fuckers trying to bogart my mother fucking house.” A heated argument quickly ensued between Elizabeth George and one of the robbers. As she raised the bottle up over her head, Elizabeth George received one shotgun blast under the arm, which killed her. An autopsy showed she had a blood alcohol level of .08.

Following his arrest, the defendant confessed to the crime, but denied that he fired the fatal blast from the shotgun, On appeal, the defendant claims that his confession was obtained involuntarily in that the interrogating officer questioned him after he stated that he did not want to talk to the police, that the officer told him it would make things easier for

People v. Birden

AI Brief

More from California Court of Appeal

Related research

AI Brief