Garcia

Defendant Carlos Thomas Garcia, also known as Charles Thomas Slatten, was found guilty by a jury of one count of murder in the second degree (Pen. Code, § 187, 189), in the commission of which he personally used a firearm (Pen. Code, § 12022.5). He admitted one prior conviction for a robbery, a serious felony within the meaning of Penal Code section 667. In the published portion of this opinion we consider defendant’s contention that the trial court erred in admitting into evidence hearsay statements made by the victim shortly before he was fatally shot. We find that contention, and the remaining ones considered in the unpublished portion, to be unpersuasive and consequently shall affirm the judgment.

Facts

For a number of years before his death the victim, Kelvin Boney, had been married to Barbara Bustos. At the time of his death Boney and Barbara had separated and were in the process of a dissolution. For approximately the same period of time defendant had been involved in a meretricious relationship with Georgina Bustos, the sister of Barbara. Shortly before the incident in question they also had separated. Boney had moved into the apartment of Judy Masten and they…