California Court of Appeal

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People v. Osorio, G036221

Conviction and sentence for murder, arson, robbery, and burglary is affirmed over a claim of error that admission of a victim's out of court statements describing her attacker violated his right to confrontation where the trial court properly: 1) admitted the victim's statements to a paramedic and a police officer at the scene because they were nontestimonial; 2) admitted the victim's third description of the attacker as partial impeachment under Evidence Code section 1202 of her earlier descriptions; and 3) instructed the jury to consider the third description as impeachment only, and there was nothing in the record indicating the jury failed to follow that instruction.

Appellate Information

  • Decided 07/30/2008
  • Published 07/30/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Mark Alan Hart, under appointment by the Court of Appeal, Northridge, for defendant and Respondent., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Jeffrey J. Koch, Deputy Attorney General, for Plaintiff and Respondent.
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