California Court of Appeal

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People v. Guzman, 265937

Conviction on two counts of lewd and lascivious acts upon a child under 14 years old is affirmed over defendant's claims that the trial court erred in admitting a recorded telephone conversation between a defense witness and the mother of one of the victims, in violation of the exclusionary rule in Penal Code section 632(d) which bars the admission of evidence obtained as a result of recording a confidential communication without the consent of all parties, where the 'Right to Truth-in-Evidence' provision of the California Constitution, Cal. Const., art. I, section 28(f)(2), as enacted by the passage of Proposition 8 in 1982, abrogated that exclusionary rule to the extent it is invoked to suppress relevant evidence in a criminal proceeding.

Appellate Information

  • Decided
  • Published 2017/04/27

Judges

  • GOSWAMI

Court

  • California Court of Appeal

Counsel