J.A.

People v. J.A.

Good Law
130 Cal. Rptr. 3d 512·198 Cal. App. 4th 914·2011 Cal. App. LEXIS 1115
Court of Appeal of CaliforniaAugust 25, 2011No. B225717California3,588 words

Opinion

Lead Opinion

Grimes, J.

SUMMARY

The issue in this case is whether evidence was admissible under a rarely used—so far as published appellate cases reveal—statutory provision. Evidence Code section 1228 (hereafter section 1228) allows, as an exception to the hearsay rule in certain cases involving sex crimes against children, the admission of the child victim’s out-of-court statements, but under specified conditions and solely “for the purpose of establishing the corpus delicti as a necessary antecedent to introduction of the defendant’s confession.” (People v. Alvarez (2002) 27 Cal.4th 1161, 1175 [ 119 Cal.Rptr.2d 903 , 46 P.3d 372 ].) In *917 this delinquency proceeding, the juvenile court admitted the hearsay statements of the three-year-old victim and then found the lewd act allegations against the minor defendant to be true. The minor defendant contends the requirements of section 1228 were not met, and there was otherwise no evidence (except his own extrajudicial statements) to establish the corpus delicti, or body of the crime. We conclude the requirements of section 1228 were satisfied and affirm the juvenile court’s order.

FACTS AND LEGAL PRINCIPLES

On October 20, 2009, the Los Angeles…

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