Ramirez
People v. Ramirez
Opinion
Lead Opinion
Grimes, J.
*825 A jury convicted defendant and appellant Hector Manuel Ramirez of one count of felony hit-and-run driving causing death or injury to another. Defendant contends the trial court committed evidentiary error by precluding admission of a post-accident hospital record that contained a statement attributed to the victim. Defendant argues the record should have been admitted as a business record and under the dying declaration exception to the hearsay rule, and that the court abused its discretion and *484 violated his constitutional right to present a defense by precluding its admission.
We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In the early morning hours of September 19, 2016, Latanya Weaver was standing outside the residence hotel where she lived, smoking a cigarette on the sidewalk. It was around 1:00 a.m. and she had just finished her shift at a nearby restaurant and had walked home. Calvin Eatman, 1 who also lived in the hotel, walked past her and they exchanged greetings.
As Ms. Weaver continued to smoke her cigarette, she saw Mr. Eatman walk down the street and cross to a bus stop. After a few moments, she noticed that Mr. Eatman had stepped off the curb and was…