Humiston

A jury convicted Anna Jeannette Humiston of conspiracy to commit murder (Pen. Code, § 182, subd. (a)(1)) and first degree murder (§ 187, subd. (a)). The court sentenced Humiston to prison for 25 years to life on each count but stayed imposition of sentence on the conspiracy count under section 654 and ordered that she be housed at the California Youth Authority (CYA). In the published portion of this opinion, we hold the court properly allowed Humiston to be cross-examined with statements she made to mental health professionals in anticipation of a juvenile court fitness hearing and properly admitted evidence of Humiston’s drug use since the age of 13. We further hold that although the court erred in admitting evidence Humiston used the number 187 on a pager to communicate with her coconspirator a year before the crime, such error does not require reversal.

In the unpublished portion of this opinion, we hold substantial evidence supports the verdict, the court properly admitted certain testimony as rebuttal evidence, the court properly restricted evidence of statements Humiston made to a rebuttal witness, commitment to CYA was proper, Humiston’s sentence was not cruel…