People v. Stringfellow CA5

INTRODUCTION

Defendant Robert James Stringfellow was convicted of assault with a deadly weapon. At trial, the victim did not testify but a statement she made to officers approximately 15 minutes after the assault was admitted pursuant to Evidence Code1 section 1240. Stringfellow contends admission of this statement was error requiring reversal of his conviction. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

The afternoon of April 23, 2014, Stringfellow arrived at Samantha Crosby’s trailer. Crosby asked him to leave. Instead, Stringfellow pushed Crosby against the trailer’s exterior wall, punched her near the collarbone, and struck her collarbone with the handle of a scythe. Crosby felt the scythe’s blade pressing into her, but she grabbed the scythe and held it away. Crosby ended up on the ground, with Stringfellow hunched over her. Kalen Collins, Crosby’s neighbor, was in his trailer when he heard screaming. He went outside and saw Crosby on the ground with Stringfellow hunched over her; he shouted at them. Stringfellow got up, walked to his truck, and drove away. Collins saw Stringfellow place an item that looked like an axe or a garden tool into his truck before driving away. As…