People v. Loureiro CA2/7

INTRODUCTION

Does the spontaneous statement exception to the hearsay rule apply when the identity of the declarant is not known? We conclude that where, as here, the declarant perceived the event to which the statement applies and made the statement while still under the stress of excitement caused by the perception, the exception applies, even if the declarant’s identity is unknown. Because the trial court did not abuse its discretion in admitting the hearsay statement in this case under the spontaneous statement exception, and because any error in admitting the statement was harmless, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Crime In November 2013 Donald Denney was 58 years old. He lived on the streets in Santa Monica, California. On November 5, 2013 Denney went to sleep between 6:00 p.m. and 7:00 p.m. in an alleyway near 12th Street and Colorado Avenue. He removed his shoes, and placed his valuables, including his glasses and one or both of his cell phones, inside his shoes. He also had $200 hidden in the pocket of a pair of shorts that he wore underneath his pants. Denney woke up when someone, whom he later identified as Alexander Loureiro, kicked him in the…