Romero

Although the appellant in this case was charged with murder, he was convicted of the lesser included offense of involuntary manslaughter. Apparently, the jury largely accepted appellant’s version of events in which the victim, appellant’s lover, initiated a violent quarrel and appellant “lost it,” grabbed á knife and stabbed the victim six times.

Notwithstanding the fact that the jury seems to have accepted appellant’s account of the homicide, on appeal appellant contends the trial court erred in admitting statements attributed to the victim by a third party. In those statements the victim accused appellant of being jealous and of threatening to kill the victim if appellant ever found the victim with another man.

In light of appellant’s defense of self-defense, the victim’s fears about appellant were relevant. Therefore the victim’s statements were admissible under Evidence Code section 1250 and did not interfere with appellant’s right of confrontation. Moreover, because the jury could have found appellant guilty of involuntary manslaughter only if it accepted appellant’s version of events, admission of the victim’s statement did not prejudice appellant.

Contrary to…