Torres

Statement of the Case

Defendant was found guilty of sale of heroin in violation of Health and Safety Code section 11352. The trial court sentenced defendant to state prison for the middle term of four years. Defendant appeals.

I

HI

Denial of Due Process

A translated transcript of a tape recording of the conversation during the transaction in question and a translated transcript of a tape recording of a telephone conversation between the female informant and the defendant, allegedly setting up the sale, were admitted into evidence over defense objection. There was no evidence presented that a certified court interpreter translated the conversations. On appeal, the defendant contends that absent the interpreter testifying under oath, as required by Evidence Code section 751, there lacked a meaningful opportunity to determine the qualifications of the interpreter, the accuracy of the transcript and an opportunity for cross-examination.

Section 751 of the Evidence Code provides: “(a) An interpreter shall take an oath that he will make a true interpretation to the witness in a language that the witness understands and that he will make a true interpretation of the…