Franzen

People v. Franzen

Caution
148 Cal. Rptr. 3d 863·2012 Cal. App. LEXIS 1156·210 Cal. App. 4th 1193·2012 WL 5395253
Court of Appeal of CaliforniaNovember 6, 2012No. H037217California9,382 words

Opinion

Lead Opinion

Rushing, J.

Defendant Yvette Renee Franzen was found guilty by a jury of selling methamphetamine. On appeal she contends that the trial court erred by admitting evidence of an incriminating statement she made to a police officer. She also contends that the court should have sustained her hearsay objection to evidence that a Web site identified her as the owner of a cell phone used in the sale transaction. We conclude that the trial court could properly find that defendant’s statement was not the product of interrogation, but that the court erred by admitting the evidence from the Web site under the “published compilation” exception to the hearsay rule. However we do not believe the error in admitting this evidence is likely to have affected the verdict. Accordingly we will affirm the judgment.

Background

Detective Mark Barry of the Santa Clara Police Department testified that in January 2011, he posted several advertisements on craigslist expressing a *1198 desire to purchase methamphetamine. He received a “call,” apparently meaning a text message, from a number with a 503 area code, indicating that the caller had methamphetamine for sale. Detective Barry did not succeed in…

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.