People v. Brown CA2/3

INTRODUCTION

In this case, we reject the claim of appellant Ray Houston that the trial court erred by excluding, as inadmissible hearsay, evidence of a 911 call that occurred on November 25, 2009, the date of the murder of Charles Dwain (count 11). The caller referred to a shooting and a black four-door car, and evidence was presented at trial that Hevert Zamora, a paid informant and a People’s witness at trial, had a black four-door car. Houston argues if the call had been admitted into evidence, inter alia, the jury could have concluded Zamora was involved in the murder (a crime of which Houston ultimately was acquitted) and the call would have undermined Zamora’s credibility to the extent Zamora testified concerning a November 30, 2009 conspiracy to murder rival gang members (count 1). We conclude the trial court did not err by excluding evidence of the 911 call on the ground it was inadmissible hearsay to which the Evidence Code section 1240 spontaneous statement hearsay exception was inapplicable. We agree with Houston he could not be convicted of assault with a firearm upon Deputy Perez (count 5) and Deputy Sakabu (count 7), because those offenses were lesser included…