Jennings

People v. Jennings

Bad Law
112 Cal. App. 4th 459·5 Cal. Rptr. 3d 243
Court of Appeal of CaliforniaOctober 15, 2003E030778California6,806 words

Opinion

Opinion

McKINSTER, J.

Defendant appeals from her conviction for the first degree murder (Pen. Code, § 187) of her five-year-old son under circumstances indicating severe abuse and neglect. The father of the victim was also charged with murder and the two were tried jointly. A death-qualifying torture-murder special circumstance was found to be true as to the father, but not defendant. The father is not a party to this appeal.

We affirm defendant’s conviction, concluding: (1) Several hearsay statements made by the father during a joint interrogation that implicated defendant in the abuse of the victim failed to qualify as adoptive admissions and were therefore improperly admitted into evidence in violation of Aranda and Bruton. (People v. Aranda (1965) 63 Cal.2d 518, 530-531 [ 47 Cal.Rptr. 353 ]; Bruton v. United States (1968) 391 U.S. 123, 137 [ 20 L.Ed.2d 476 , 88 S.Ct. 1620 ].) Furthermore, the admission of a separate statement by defendant after excising the portions where she blamed the father for some of the abuse similarly violated Aranda and Bruton . Nevertheless, we find these errors to be harmless beyond a reasonable doubt when placed in the context of the entire joint interrogation,…

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