Brenn

People v. Brenn

Good Law
152 Cal. App. 4th 166·2007 Cal. App. LEXIS 997·60 Cal. Rptr. 3d 830
Court of Appeal of CaliforniaJune 18, 2007G036470California5,709 words

Opinion

Opinion

Bedsworth, J.

We deal here with the admissibility of statements made

by a stabbing victim to a 911 operator and the first police officer on the scene. It is our conclusion the statements were admissible as spontaneous statements and were nontestimonial in nature, and therefore not barred by Crawford v. Washington (2004) 541 U.S. 36 [ 158 L.Ed.2d 177 , 124 S.Ct. 1354 ] {Crawford).

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In February 2004, appellant was staying at a group home for people with mental health and/or substance abuse problems. The residents were referred to the home by the county mental health agency, but it was an independent living facility, with no live-in supervision. Although the home was for men only, that did not bother appellant and his girlfriend, Valerie White, nor were they concerned that there was a protective order in place prohibiting appellant from having contact with White: They lived together at the home from February 10 thru February 18.

On the 18th, the house more resembled a ffat house than a halfway house. Its occupants were drinking alcohol, smoking marijuana and watching pornographic movies. Around 7:30 p.m., the party mood turned sour when appell ant and White got into a heated…

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