People v. Terry P.

Good Law
121 Cal. App. 3d 36·175 Cal. Rptr. 252·1981 Cal. App. LEXIS 1909
Court of Appeal of CaliforniaJune 29, 1981Crim. No. 37987California2,366 words

Opinion

Lead Opinion

Lillie, J.

The minor appeals from order sustaining petition on three counts—petty theft, receiving stolen property and tampering with an automobile—and order of disposition.

A prima facie showing of the corpus delicti of the crime charged must be established before a defendant’s extrajudicial statements, admissions or confessions may be received in evidence. (People v. Cantrell (1973) 8 Cal.3d 672, 679 [ 105 Cal.Rptr. 792 , 504 P.2d 1256 ].) Appellant contends there is no evidence independent of his statements to show that he committed the crimes. He is in error for the establishment of the corpus delicti does not require proof that defendant committed the crime charged. (People v. Starr (1970) 11 Cal.App.3d 574, 581 [ 89 *39 Cal.Rptr. 906 ].) “‘All that need be shown by independent evidence before a confession may be introduced is that a crime has been committed by someone.’ [Citations.]” (People v. Ott (1978) 84 Cal. App.3d 118, 131 [ 148 Cal.Rptr. 479 ]; original italics.) The corpus delicti may be established by circumstantial evidence and by reasonable inferences to be drawn therefrom. (People v. Miller (1969) 71 Cal.2d 459, 477 [ 78 Cal.Rptr. 449 , 455 P.2d 377 ].)

Here…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.