California Court of Appeal

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People v. Arauz, B230053

Defendants' convictions for gang and attempted murder-related offenses are affirmed where: 1) where, as in this case, an accomplice inculpates himself and his codefendant to a fellow inmate/informant, his statements, if trustworthy, are admissible in the codefendant's trial, and such statements are declarations against penal interest and are not "testimonial"; 2) the recorded telephone wiretaps were properly admitted; and 3) the sentences are modified to stay the two-year sentence on the street terrorism counts and to strike the 10-year gang enhancement and impose a 15-year minimum parole eligibility terms on the attempted premeditated murder counts.

Appellate Information

  • Decided 11/08/2012
  • Published 11/08/2012

Judges

  • Yegan

Court

  • California Court of Appeal

Counsel

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