In re P.M. CA4/2

I.

INTRODUCTION

Appellant (minor), P.M., appeals from a juvenile court determination that he

committed robbery in violation of Penal Code section 211. Minor contends that at the

jurisdictional hearing (effectively a bench trial), the juvenile court erroneously admitted

the unavailable victim’s hearsay statements to a police officer. We conclude that the

hearsay statements were properly admitted as spontaneous statements made under the

stress of excitement pursuant to Evidence Code section 1240, 1 and that the admission of

the hearsay statements did not violate minor’s right to confrontation. The judgment is

affirmed.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In this case, minor was tried on a juvenile wardship petition alleging that he

committed second degree robbery (Pen. Code, § 211) and street terrorism (Pen. Code,

§ 186.22, subd. (a), count 2) when he robbed a fruit vendor at gunpoint and took $700.

When it came time for trial, the prosecution was unable to locate the victim. The victim

All undesignated statutory references are to the Evidence Code. 2 thus did not testify, but the investigating officer testified to a statement that the victim

made.

A. The…