People v. Charles

425 P.2d 545, 66 Cal. 2d 330, 57 Cal. Rptr. 745, 1967 Cal. LEXIS 306
California Supreme Court·Decided April 4, 1967·No. Crim. No. 9657·Published·Cited by 104 cases

Opinions

TOBRINER, J.

In People v. Aranda (1965) 63 Cal.2d 518 [47 Cal.Rptr. 353, 407 P.2d 265], we established rules governing the conduct of joint trials in which one defendant’s extrajudicial statement implicates a codefendant. We hold in the instant case that those rules are available to defendants whose judgments of conviction are still on appeal even though they were tried before the date of the Aranda decision, November 12,1965.

The trial in this ease began on May 28, 1964. .On June 26, 1964, after finding both defendants guilty of ármed robbery (Pen. Code, §§ 211, 211a), the trial court entered the judgments of conviction which defendants challenge in this appeal. These judgments were pending on direct review when we filed our decision in Aranda, and were not yet final on June 13, 1966, when the United States Supreme Court decided Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974].

Under People v. Rollins (1967) 65 Cal.2d 681 [56 Cal.Rptr. 293, 423 P.2d 221], the present ease is governed by the principles set forth in Escobedo v. Illinois (1964) 378 U.S. 478 [12 L.Ed.2d 977, 84 S.Ct. 1758], and People v. Dorado (1965) 62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361], but not by the additional rules enunciated in Miranda; under the holding we announce here, the ease before us is also governed by the guidelines elaborated in Aranda. Applying Escobedo, Dorado, and Aranda, but not Miranda, we have concluded that the conviction of defendant Charles was proper but that the conviction of defendant Boddie cannot stand.1

I

An information charged the defendants jointly with the robbery of a liquor store in the south end of Los Angeles on January 19, 1964, and with three additional counts of armed robbery, subsequently dismissed in the interest of justice. The information further alleged that defendant Charles had sus[333]*333tained three, and defendant Boddic two, prior felony convictions. Defendants waived trial by jury and submitted the case to the court upon the transcript of the preliminary examination. The court found that both defendants were guilty as charged, that only defendant Charles was armed, and that each defendant had suffered two prior felony convictions.

The transcript contained the testimony of the proprietor of the liquor store, identifying the defendants as the men who had robbed him, and the testimony of Officer Deiro of the Los Angeles Police Department, stating that both defendants had confessed during questioning at the police administration building in Los Angeles. According to Officer Deiro, each defendant supplied a detailed account of what he and bis codefendant had done on all four of the robberies charged.

On its face, the record before us discloses a violation of the joint trial rules set forth in People v. Aranda, supra, 63 Cal.2d at pages 530-531. Bach confession implicated both defendants; accordingly, if Aranda applies, the trial judge should have determined whether all parts of each confession implicating the nondeclarant could be effectively deleted without prejudice to the declarant; if such deletions proved infeasible, he should have severed the trials or excluded the confessions. Initially, therefore, we must decide whether the Aranda rules govern appeals in cases which, like the one before us, reached trial before the date of Aranda.

II

The rules outlined in Aranda were designed to alter a practice which we deemed unfair to defendants who were implicated by the out-of-court declarations of their codefendanls. We recognized that the prevailing practice rested upon the unrealistic hypothesis that the finder of fact could consider such declarations in determining the guilt or innocence of the declarant but ignore them in deciding the guilt or innocence of a codefendant. Our ruling, however, did not stem from a belief that the former procedure created a grave risk of convicting innocent defendants, and we were careful to point out that the rules announced were at least not yet constitutionAly compelled. (People v. Aranda, supra, 63 Cal.2d at p. 530.) The purposes of Aranda thus do not require its application to convictions long since final. (Cf. People v. Rollins, supra, 65 Cal.2d 681, 685; In re Lopez (1965) 62 Cal.2d 368, 376-378 [42 Cal.Rptr. 188, 398 P.2d 380].)

Moreover, as we said in rejecting retroactivity for Esco[334]*334bedo, “Unlimited retroactive application . . . would result in the reconsideration of countless cases that were correctly decided under the law [then] in force ... ; in many cases witnesses and evidence would no longer be available .... To require a general release of prisoners of undoubted guilt would be to cripple the orderly administration of the criminal laws.” (In re Lopez, supra, 62 Cal.2d at p. 381; see also In re Gaines (1965) 63 Cal.2d 234, 237-240 [45 Cal.Rptr. 865, 404 P.2d 473].)

Although we therefore conclude that violations of the procedural requirements set forth in Aranda may not be challenged on collateral attack, we nonetheless hold that eases still pending on direct review should be adjudicated in accord with the principles which Aranda established. In reaching this conclusion, we adhere to the settled practice both of this court and of the United States Supreme Court.

The historic pattern of applying the court’s current expression of a basic principle to cases pending on appeal finds numerous classic illustrations. Thus, for example, we applied the exclusionary rule of People v. Cahan, (1955) 44 Cal.2d 434 [282 P.2d 905, 50 A.L.R.2d 513], to a case “tried before the decision in People v. Cahan ... at a time when the trial court was bound by the earlier decisions of this court that illegally obtained evidence was admissible” (People v. Kitchens (1956) 46 Cal.2d 260, 262 [294 P.2d 17]) ; yet we have held that a defendant may not collaterally attack a final judgment upon Cahan grounds.2 Similarly, having held in People v. Riser (1956) 47 Cal.2d 566, 586 [305 P.2d 1], that the defendant in a criminal case can compel production of material evidence in the possession of the prosecution, we applied the rule of discovery thus established to a case pending on appeal on the date Riser was decided. (People v. Carter (1957) 48 Cal.2d 737, 752-753, 759 [312 P.2d 665].)

The United States Supreme Court adopted a similar approach in Linkletter v. Walker (1965) 381 U.S. 618 [14 L.Ed.2d 601, 85 S.Ct. 1731], when it decided that Mapp v. Ohio (1961) 367 U.S. 643 [6 L.Ed.2d 1081, 81 S.Ct. 1684, 84 A.L.R.2d 933], should be denied general retroactive operation but held Mapp nonetheless applicable to all cases which had not reached final judgment prior to the date of the Mapp [335]*335decision. Again, in

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Charles, 425 P.2d 545, 66 Cal. 2d 330, 57 Cal. Rptr. 745, 1967 Cal. LEXIS 306 (Cal. 1967).

425 P.2d 545 (People v. Charles) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Esquivel
487 P.3d 974 (California Supreme Court, 2021)
Davenport v. Davenport
194 Cal. App. 4th 1507 (California Court of Appeal, 2011)
People v. Welch
976 P.2d 754 (California Supreme Court, 1999)
People v. Guerra
690 P.2d 635 (California Supreme Court, 1984)
People v. Cooper
94 Cal. App. 3d 672 (California Court of Appeal, 1979)
People v. Jimenez
580 P.2d 672 (California Supreme Court, 1978)
People v. Gainer
566 P.2d 997 (California Supreme Court, 1977)
Commonwealth v. Cain
369 A.2d 1234 (Supreme Court of Pennsylvania, 1977)
People v. Vanbuskirk
61 Cal. App. 3d 395 (California Court of Appeal, 1976)
People v. Wong
35 Cal. App. 3d 812 (California Court of Appeal, 1973)
People v. Epps
34 Cal. App. 3d 146 (California Court of Appeal, 1973)
People v. Hayes
19 Cal. App. 3d 459 (California Court of Appeal, 1971)
People v. Martin
17 Cal. App. 3d 661 (California Court of Appeal, 1971)
State v. Camerlin
277 A.2d 291 (Supreme Court of Rhode Island, 1971)
People v. Simms
10 Cal. App. 3d 299 (California Court of Appeal, 1970)
Smith v. Joseph G.
7 Cal. App. 3d 695 (California Court of Appeal, 1970)
Joe J. B. O'Neil v. Louis S. Nelson, Warden
422 F.2d 319 (Ninth Circuit, 1970)
People v. McFadden
4 Cal. App. 3d 672 (California Court of Appeal, 1970)
People v. Fortman
4 Cal. App. 3d 495 (California Court of Appeal, 1970)
People v. Gonzales
4 Cal. App. 3d 593 (California Court of Appeal, 1970)