Zavala

This case presents a matter of first impression. Angel Zavala argues a computer printout produced by human query of a computer system that maintains cell phone data in the regular course of business does not fall within the business records exception under Evidence Code section 1271 to the general rule prohibiting hearsay evidence. Here, we hold a printed spreadsheet of call data produced for purposes of trial does fall within the business records exception where the underlying data is kept and maintained by a reliable computer program in the regular course of business and the other prongs of Evidence Code section 1271 are met.

A jury convicted Zavala of five counts of robbery (Pen. Code, § 211) and one count of burglary (§ 459). As to each count of robbery, the jury found Zavala was a principal in the commission of the offenses and was vicariously liable within the meaning of section 12022, subdivision (a)(1). Zavala also admitted one prior prison term, an enhancement within the meaning of section 667, subdivision (a)(1) and section 668. The court denied probation and sentenced Zavala to 22 years eight months in state prison.

Zavala appeals, contending the trial court…