People v. Gonzalez
148 Cal. Rptr. 3d 720
Cal. Ct. App.2012Background
- Christopher Gonzalez was convicted of attempted murder, assault with a deadly weapon, first-degree burglary, aggravated mayhem, and simple mayhem; court found personal use of a dangerous weapon and great bodily injury.
- The trial court imposed a determinate nine-year sentence followed by an indeterminate term of 14 years to life.
- Witness Selina reported Daniel’s severe injuries and identified a hammer; a witness saw Christopher discard a hammer in a drainage ditch.
- Maria identified the hammer and noted tools near her house earlier that morning; Daniel suffered multiple facial fractures and a tracheotomy scar.
- Christopher moved to suppress postarrest statements; detectives questioned him after he invoked his right to counsel; parole officer Lum’s statements allegedly influenced his decision to speak.
- The reviewing court vacated the simple mayhem conviction as a lesser included offense and ordered a corrected abstract of judgment reflecting a life term on count 1 only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miranda violation in post-invocation statements | Gonzalez argues confession obtained after invocation was involuntary | Gonzalez contends voluntary waiver occurred despite invocation | Harmless error; confession admissibility error deemed harmless |
| Simple mayhem as lesser included offense | Simple mayhem is not a lesser included offense of aggravated mayhem | Conviction for simple mayhem should be vacated as lesser included | Vacate simple mayhem conviction; corrected abstract of judgment |
| Abstract of judgment and sentence accuracy | Abstract misstates life sentence only on count 1 | Corrections needed to reflect true convictions | Direct trial court to correct abstract: delete count 4 box 5, reflect life on count 1, properly state aggravated mayhem count 205 |
Key Cases Cited
- People v. Boyde, 46 Cal.3d 212 (Cal. 1988) (police exhortation to tell truth does not render confession involuntary unless promise of leniency)
- People v. Jimenez, 21 Cal.3d 595 (Cal. 1978) (mere advice that it’s better to tell the truth not involuntary)
- People v. Cahill, 5 Cal.4th 478 (Cal. 1993) (harmless error if other evidence supports conviction)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-error standard for constitutional errors)
- Sullivan v. Louisiana, 508 U.S. 275 (U.S. 1993) (burden to show verdict unattributable to error under Chapman)
- People v. Anderson, 70 Cal.2d 15 (Cal. 1968) (three categories (planning, motive, manner) used to prove premeditation)