People v. Anthony O.

Good Law
5 Cal. App. 4th 428
Court of Appeal of CaliforniaApril 9, 1992No. B049540California2,549 words

Opinion

Lead Opinion

Woodsfred, J.

Appellant challenges the admissibility and sufficiency of hearsay evidence identifying him as the person who fired two shotgun rounds at four victims. We conclude the evidence was both admissible and sufficient. We affirm the order sustaining the petition.

Procedural and Factual Background

A petition alleged appellant, a minor, attempted to murder four victims while personally using a shotgun (Welf. & Inst. Code, § 602; Pen. Code, §§ 664/187, 12022.5) and inflicted great bodily injury upon one of the victims (Pen. Code, § 12022.7).

A fitness hearing was held and the court determined the minor was a “proper subject to be dealt with under the juvenile court law.” (Welf. & Inst. Code, § 707, subds. (a), (b), (c).)

Petitioner denied the allegations and an adjudication hearing (a trial) was held.

We synopsize the evidence, and do so with a perspective favoring the appealed-from superior court order (People v. Barnes (1986) 42 Cal.3d 284, *432 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]). We reserve elaboration of the challenged identification evidence for the discussion portion of our opinion.

On Thursday evening, January 25, 1990, 26-year-old Brenda Holquin was driving…

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