People v. Robinson CA3

I. BACKGROUND

Defendant and the victim were part of an argument on a residential street. The victim’s girlfriend left the area and returned with a gun that she gave to the victim. Defendant thereafter shot the victim, who died of multiple gunshot wounds.

II. DISCUSSION

A. The Victim’s Girlfriend’s Hearsay Statement 1. Motion in Limine Defendant moved in limine to introduce, as a statement against interest under Evidence Code section 1230, the victim’s girlfriend’s statement to law enforcement that

2 The court also struck two section 667, subdivision (a) enhancements under section 1385.

2 she brought the victim the gun that he was holding when he was shot. The transcript of the girlfriend’s statement to law enforcement is apparently 80 pages long and not in the record. At the hearing on the motion, the trial court asked defense counsel to identify the statement he wanted to use. Defense counsel indicated he wanted to introduce a statement “that she got the gun from down the street and retrieved it and gave it to [the victim] in some fashion.” The trial court summarized the statement as “that she ran to go get a gun or the victim—gave it to him, turned around after…