McDaniel

People v. McDaniel

Good Law
251 Cal. Rptr. 3d 519·38 Cal. App. 5th 986
Court of Appeal of CaliforniaAugust 16, 2019F075749California9,285 words

Opinion

Lead Opinion

Smith, J.

*522 *988 David Lee McDaniel III appeals from multiple convictions for robbery arising from robberies at several stores and restaurants in Patterson and Westley. He challenges the admission of his police-interrogation statement; the admission of a text exchange between his mother and him, to show an adoptive admission on his part that he committed multiple, local robberies; the admission of a book (and related documents) about ostensible identity fraud, found in his car; the admission of cell phone records from his cellular carrier; and the admission of evidence of his height and weight based on DMV records. He also challenges the trial court's denial of his motion to sever the robbery charges for purposes of trial.

We conclude the trial court properly admitted McDaniel's police-interrogation statement. However, admission of the text exchange between McDaniel and his mother to show an adoptive admission of guilt on his part, and of the book and documents found in his car, was error. We further conclude that *989 these errors, taken together, were prejudicial. We therefore reverse and remand for further proceedings consistent with this opinion.

PROCEDURAL HISTORY

McDaniel was…

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