California Court of Appeal

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People v. Smith, B212368

In a prosecution of defendant for grand theft and securities crimes, trial court's admission of agreements executed by individuals named in dismissed counts is affirmed where: 1) the documents were authenticated by their content and by circumstantial evidence and their use did not violate the hearsay rule; 2) with respect to Evidence Code section 352, defendant did not raise an objection to the documents based on that provision; 3) even if the documents were improperly admitted, the evidence supporting the charges was so overwhelming that the use of the documents added little to the prosecution's case and any error was harmless; 4) with respect to alleged prosecutorial misconduct, it resulted from a misstatement and had no impact on the verdict; and 5) trial court did not err in its Pritchess review.

Appellate Information

  • Decided 11/25/2009
  • Published 11/25/2009




  • California Court of Appeal


  • For Appellees:
  • Mark S. Givens, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.
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