People v. Smith

*769 I.

INTRODUCTION

Defendants Kiesha Renee Smith and Michael Mitchell appeal from their judgments of conviction for the murder of Josephine Kelley. In a prior *770 opinion, we reversed both defendants' convictions due to prejudicial error in the joint trial before separate juries. 1 Thereafter, the People petitioned for review by the Supreme Court with respect to our reversal of defendant Mitchell's conviction on the grounds the trial court erred in admitting against Mitchell, as statements against interest, hearsay evidence of statements made by codefendant Smith in which she inculpated Mitchell in the murder. The Supreme Court granted review on this issue and transferred the case to our court for reconsideration in light of its recent decision in People v. Grimes (2016) 1 Cal.5th 698 , 207 Cal.Rptr.3d 1 , 378 P.3d 320 ( Grimes ).

After reconsideration in light of Grimes , we find no error in the admission of evidence of statements Smith made which inculpate Mitchell. We also reject the other issues Mitchell raises on appeal. Accordingly, we once again reverse Smith's conviction but now affirm Mitchell's conviction.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual…