Wheeler

A jury found T.J. Wheeler guilty of first degree murder, attempted voluntary manslaughter, and discharge of a firearm at an inhabited dwelling. (Pen. Code, §§ 187, 664, 192, subd. (a), 246.) He argues his wife’s statement to him shortly before the murder that she committed adultery with the man whom he killed not long afterward was violative of the hearsay rule and insufficiently trustworthy to pass confrontation clause muster. In the published portion of our opinion, we will hold that the court properly admitted his wife’s statement under the social interest exception to the hearsay rule and that the evidence was sufficiently trustworthy to satisfy the confrontation clause. (Evid. Code, § 1230; U.S. Const., 6th & 14th Amends.)

The parties disagree whether the statutory denial of presentence custody credits to “any person who is convicted of murder” applies to the offender (entirely barring those credits) or only to the offense (allowing those credits on any offense other than murder). (Pen. Code, § 2933.2.) In the published portion of our opinion, we will hold that Penal Code section 2933.2 applies to the offender not to the offense (entirely barring those credits). In…