Tatum

Appellant Darryl Dorrell Tatum was convicted, following a jury trial, of one count of attempted murder in violation of Penal Code sections 187 and 664, one count of assault with a deadly weapon in violation of section 245, subdivision (a)(1) and one count of infliction of injury on a dependent elder in violation of section 368, subdivision (b)(1). The jury found that in the commission of all three offenses, appellant personally inflicted great bodily injury within the meaning of Penal Code section 12022.7, subdivisions (a) and (c) and personally used a deadly and dangerous weapon within the meaning of section 12022, subdivision (b)(1). The jury also found true the allegation that the victim suffered great bodily injury within the meaning of Penal Code section 368, subdivision (a)(2).

In the published portion of this opinion, we consider appellant’s contention that the trial court erred in admitting the videotaped statement of the deceased victim pursuant to the elder and dependent adults exception to the hearsay rule set forth in Evidence Code section 1380. In the unpublished portion of this opinion, we consider appellant’s claims that the trial court erred in failing to…