Reyes

People v. Reyes

Good Law
247 Cal. Rptr. 3d 247·35 Cal. App. 5th 538
Court of Appeal of CaliforniaMay 17, 2019A152557California5,441 words

Opinion

Lead Opinion

Miller, J.

*540 A jury found defendant Denys Reyes guilty of receiving a large capacity magazine and possession of a firearm by a felon after police found a firearm in a car in which Reyes was the front seat passenger.

Reyes raises three claims of evidentiary error. He contends the trial court committed prejudicial error in (1) admitting evidence of a Snapchat story found on his cell phone, (2) excluding a hearsay declaration against penal interest made by the driver of the car, which he contends should have been admitted under Evidence Code section 1230, and (3) admitting evidence of a prior incident in which Reyes was found with firearms in his car.

We conclude Reyes's second and third contentions have merit, and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Traffic Stop

Around 6:00 p.m. on September 3, 2016, Richmond Police Officer Douglas Gault and his colleagues conducted a traffic stop of a green Infiniti. The driver was Jose Navarro. Reyes sat in the front passenger seat with a green *541 lunch pail on his lap. Gault suspected Reyes "was trying to hide something because he wouldn't move and he was breathing heavily," so he asked Reyes to step out of the car and pat searched him.…

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