People v. Alcaraz CA2/7

INTRODUCTION

Jorge Alcaraz poured gasoline on his wife, his son, and a friend and threatened to light them on fire. Law enforcement arrived before Alcaraz could carry out his threat. The trial court convicted Alcaraz of child abuse under circumstances or conditions likely to cause great bodily injury or death, battery of a spouse, willfully inflicting corporal injury on a spouse resulting in a traumatic condition, two counts of assault, and second degree robbery. Alcaraz argues the court violated his Sixth Amendment right to confrontation under Crawford v. Washington (2004) 541 U.S. 36 [124 S.Ct. 1354, 158 L.Ed.2d 177] (Crawford) by allowing a sheriff’s deputy to testify about statements by a witness who died before trial. Because the statements were nontestimonial, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Alcaraz and His Family Visit a Friend One evening Alcaraz, accompanied by his wife Lilia M., their five-year-old son Eduardo,1 and their two daughters, went to visit Alcaraz’s friend Ruben Ponce in Ponce’s trailer. On arriving, Alcaraz went inside the trailer with Ponce, while Lilia waited in Alcaraz’s truck with the sleeping children. An hour later, Alcaraz asked…