People v. Langston

1

THE PEOPLE, Plaintiff and Respondent, v. JIM THOMAS LANGSTON, Defendant and Appellant.

F083560

California Court of Appeals, Fifth District

February 1, 2024

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Kern County, No BF165964B John D. Oglesby, Judge.

Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John Merritt, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, J.

INTRODUCTION

Defendant Jim Thomas Langston appeals his 2021 conviction for two first degree murders with special circumstances, two robberies active gang participation and various enhancements, including firearms. His primary argument challenges the admission of his pretrial statements to investigating detectives while in custody without being given his Miranda^[1] rights and the admissibility of these statements made as a result of a two-part interrogation.

During Langston's first interview, the detectives who questioned him did not provide Miranda warnings until over two hours into the interview, elicited a confession of his involvement in the underlying crimes in that prewarning period and then, after the warnings, reinterrogated him about the same facts. During both the pre-and postwarning portions of the first interview, Langston admitted cashing a check at the convenience store immediately before the robbery along with his involvement as a getaway driver in the underlying offense.

After a large portion of the prewarning first interview statements and the entirety of the postwarning first interview statements were admitted at trial, a jury convicted defendant of the premeditated first degree murders of Heriberto Aceves and Juan Aceves (Pen. Code, §§ 187, subd. (a), 189, counts 1 &2),^[2] and found true all enhancements and allegations.^[3] Subsequently, Langston was sentenced to two indeterminate terms of life without the possibility of parole, plus 50 years to life.

On appeal, Langston contends the trial court prejudicially erred when it concluded defendant was not in custody when he was initially questioned by detectives without Miranda warnings and that the balance of the first interview should be excluded because the detectives utilized a "two-step interrogation technique," which, as the United States Supreme Court stated in Missouri v. Seibert (2004) 542 U.S. 600, 616-617 (Seibert) makes both the unwarned and warned statements inadmissible. We agree and conclude Langston was prejudiced by the admission of the first interview at trial.^[4]

STATEMENT OF CASE

On August 9, 2021, the Kern County District Attorney filed a first amended information charging Langston with two counts of premeditated first degree murder (§§ 187, subd. (a), 189, count 1 (Heriberto Aceves) &count 2 (Juan Aceves)) with the special circumstances he committed multiple murders (§ 190.2, subd. (a)(3)), he was engaged in the commission or attempted commission of a robbery and burglary (§ 190.2, subd. (a)(17)(A) &(G)), and that he was an active participant in a criminal street gang and the murder was committed in furtherance of the gang (§ 190.2, subd. (a)(22)); two counts of robbery (§ 212.5, subd. (c), counts 3 &4); active participation in a gang (§ 186.22, subd. (a), count 5); possession of a firearm by a felon (§ 29800, subd. (a)(1), count 7); and unlawfully carrying a loaded firearm, to wit, a handgun, in public (§ 25850, subd. (c)(3), count 8).^[5] As to counts 1, 2, 3, 4, the information alleged a firearm enhancement (§ 12022.53, subd. (d)), and as to counts 1, 2, 4, 3, 4, and 7, the information alleged a gang enhancement (§ 186.22, subd. (b)(1)).^[6]

On September 21, 2021, a jury convicted Langston on all remaining counts and found true all remaining enhancements and allegations. Subsequently, as to count 1, the trial court sentenced Langston to an indeterminate term of life without the possibility of parole, plus a consecutive term of 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)), and a 10-year term for the gang enhancement (§ 186.22, subd. (b)(1)), but stayed the 10-year term pursuant to section 654. As to count 2, the trial court sentenced Langston to an indeterminate term of life without the possibility of parole, plus a consecutive term of 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)), to be served consecutive to count 1, and a 10-year term for the gang enhancement (§ 186.22, subd. (b)(1)), but stayed the 10-year term pursuant to section 654.^[7] As to count 3, the trial court imposed the upper term of five years, plus a term of 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)) and a 10-year term of the gang enhancement (§ 186.22, subd. (b)(1)), but stayed this sentence pursuant to section 654. As to count 4, the trial court imposed the upper term of five years, plus a term of 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)), and a 10-year term for the gang enhancement (§ 186.22, subd. (b)(1)), but stayed this sentence pursuant to section 654. Langston timely appealed.

SUMMARY OF FACTS

I. The Prosecution Case-in-Chief

Heriberto and his two sons Juan and Jesus ran the Quality Gas, gas station and market, on the southwest corner of Main Street^[8] and Panama Road in Lamont, southwest of Bakersfield. Rigoberto,^[9] a friend of Jesus, also worked at Quality Gas.

A. The Robbery/Murders and Subsequent Getaway^[10]

On Friday morning, October 14, 2016, Langston picked up his paycheck for $137 at Tasteful Selections, his place of employment, on Di Giorgio Road, in Arvin. At approximately 9:30 a.m., Langston entered the Quality Gas market and was observed on surveillance footage cashing his payroll check and then leaving. Langston wore a black hat with a white cursive "W."

Shortly after leaving the store, Langston saw a dark colored Saturn Ion with three occupants following him and he eventually stopped. Langston stopped and the group asked him if he would drive them to Quality Gas in exchange for $200. The three individuals were later identified as codefendant Darnell Hammond, "Tiny," and "Baby Goo."^[11] Langston later told officers the three individuals threatened him and were armed. He admitted he was asked to "[b]asically" be their getaway driver. He agreed to drive the three to Quality Gas. Langston also told officers he left his Nissan parked on Collision Avenue, about four blocks north of Quality Gas, and drove the three suspects in the Saturn Ion^[12] to Quality Gas.

Surveillance footage showed the Saturn stop in front of the Quality Gas market front door, facing north towards Panama Street, with three masked men exiting and entering the store. The suspect referred to as "Tiny" was armed with a Mac-11 assault pistol, wearing a black glove and a white glove, and black and white Nike shoes. Hammond was armed with a black nine-millimeter handgun and wore white gloves, white Nike shoes, and a "New York Yankees" beanie. Givan, the third suspect, was not armed. Langston remained in the Saturn throughout the extent of the robbery and ensuing homicides.

Upon entering the market, Hammond and Givan headed to the back of the counter where Juan was located, and Tiny pointed his firearm at Heriberto, who was standing in front of the counter, and demanded money. During this exchange, Heriberto pulled out a handgun, but was shot by Tiny. Heriberto fell to the ground and was also shot by Hammond. Hammond then turned towards Juan, who was on the floor behind the counter, and shot him as well.^[13] Rigoberto fell to the ground and stayed there until the men left.

Tiny then ran out of the store and got into the Saturn, which sped off. Hammond and Givan then left on foot. However, Hammond returned to pick up cash trays from inside the market. Langston eventually picked up Givan and drove him and Tiny to Collision Street to switch cars. Surveillance footage showed the Saturn driving west on Collision and then south on Main away from Quality Gas.

Moments later, Hammond exited the market and was seen by witnesses running away from Quality Gas, armed with a pistol and carrying two cash trays. He was left behind. Deputies later found Hammond hiding inside a shed at a residence on Lana Street, about five blocks from the shooting. He was unarmed, wore a white tank top with dark colored pants, and was "squatting on his hands and knees." He was not wearing shoes, but deputies did locate a pair of Nike shoes next to him. Deputies also located over a thousand dollars "in a rolled up mesh - piece of mesh" inside the shed. One of the $100 bills had either "a blood stain or a blood drop."^[14] Hammond was arrested. He was later interviewed, but told law enforcement he did not know Langston.

During a subsequent interview, Langston admitted that after the robbery he drove the Saturn north to Collision Street and parked behind his Nissan, where he left it parked earlier. The three men got into the Nissan and drove back towards Quality Gas, on Main Street, trying to find Hammond. Unable to locate Hammond, Langston then drove east with Givan and Tiny to South H and Panama Road, in Bakersfield, about five miles away.

B. Police Investigation

Law enforcement arrived at the scene shortly after the shootings and began to search the inside of the market. Deputies located both Heriberto and Juan's bodies.^[15]They also found a payroll check payable to Langston for $137 and two pistols. The first pistol, a nine-millimeter caliber semi-automatic Sig Sauer, was found next to Heriberto's body. It was believed this nine-millimeter pistol was the firearm...