People v. Duarte

12 P.3d 1110, 101 Cal. Rptr. 2d 701, 24 Cal. 4th 603, 24 Cal. 603, 2000 Cal. Daily Op. Serv. 9622, 2000 Daily Journal DAR 12849, 2000 Cal. LEXIS 9047
CourtCalifornia Supreme Court
DecidedDecember 4, 2000
DocketS068162
StatusPublished
Cited by202 cases

This text of 12 P.3d 1110 (People v. Duarte) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Duarte, 12 P.3d 1110, 101 Cal. Rptr. 2d 701, 24 Cal. 4th 603, 24 Cal. 603, 2000 Cal. Daily Op. Serv. 9622, 2000 Daily Journal DAR 12849, 2000 Cal. LEXIS 9047 (Cal. 2000).

Opinions

Opinion

WERDEGAR, J.

The jury in this case convicted defendant Danny Duarte of shooting at an inhabited dwelling, conspiracy, and assault with a firearm after the court admitted into evidence a police sergeant’s hearsay testimony relating an alleged accomplice’s postarrest declarations that implicated defendant as well as the declarant. We conclude the trial court committed prejudicial error in admitting the hearsay evidence. We therefore affirm the judgment of the Court of Appeal reversing defendant’s conviction.

Background

As stated by the Court of Appeal, the relevant facts are as follows.

On an October evening in 1994, Leslie Sullivan was working at the computer in her home while her two children were down the hall sleeping. Suddenly, a barrage of bullets hit the house. Running toward the children’s [608]*608room, Ms. Sullivan was struck in the thigh with an' assault rifle bullet. Ventura County Sheriff’s deputies later found numerous shell casings and spent rounds, including some from a nine-millimeter weapon and some from a 7.62-millimeter assault rifle, in front of the Sullivan residence.

Police officers served search warrants at the residences of Eran Knox, William (Billy) Morris and defendant. At defendant’s residence, the officers recovered a .22-caliber revolver, a 12-gauge shotgun, ammunition, gun cleaning kits and photographs of handguns. None of the recovered guns or ammunition matched those used in the attack at the Sullivan home. Defendant refused to talk to the police officers and was arrested.

No evidence was recovered at Knox’s residence, but he was handcuffed and transported to the police station. There, Knox told officers that, on the evening of the shooting, he, Morris and defendant met with friends at B orchard Park, where they smoked marijuana and drank rum. Defendant suggested they shoot at the residence of Tam Nguyen in retaliation for a shooting several months earlier. Knox and Morris initially refused, but defendant persuaded Morris to join him. Defendant, Morris and Gilberto Lopez left in Morris’s car; Knox stayed behind. A short time later, Knox heard gunshots. Subsequently, Knox telephoned his brothers and asked them to pick him up at the park. As he was waiting for his brothers to arrive, Knox saw defendant, Morris and Lopez return. Knox also told officers he previously had seen at defendant’s house a Tec-9 and an SKS assault rifle and ammunition for each of these firearms.

At Morris’s residence, officers recovered ammunition for a nine-millimeter weapon and a 7.62-millimeter weapon and paraphernalia for an SKS assault rifle. Several 7.62-millimeter casings found in Morris’s backpack were made the same year and by the same manufacturer as those found outside the Sullivan residence. Morris was arrested, waived his rights under Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974], and spoke to the officers. During the interview, Morris incriminated himself and defendant, saying, among other things, that they had realized from news accounts that they had shot at the wrong house.

Defendant and Morris were tried separately, Morris first. Morris was convicted and sentenced to the care of the California Youth Authority. Knox and Morris both testified at defendant’s first trial, which ended in a mistrial when the jury was unable to reach a verdict. Several jurors subsequently indicated they had been concerned about the reliability of Knox’s testimony, which had been impeached with his prior inconsistent statements.

At defendant’s second trial, the subject of this appeal, Knox again testified, and again his testimony was extensively impeached. Witnesses identified omissions and inconsistencies in his statements relating to, e.g., who [609]*609was in Borchard Park on the night of the shooting and at what time, events in the park that night, the time at which Knox heard gunshots, marijuana and rum consumption by those present, Knox’s movements and the movements of others, who was in the car and where, what kinds of guns Knox saw (or did not see) at defendant’s residence, and the “slim jimming”1 of an automobile.

Morris invoked his Fifth Amendment right not to testify, an invocation the parties stipulated was valid due to his possible prosecution for perjury should he testify. The court denied defendant’s motion to exclude any evidence of Morris’s postarrest statements, ruling that the statements, redacted to omit any reference to Morris’s companions, were admissible as being against Morris’s penal interest (Evid. Code, § 1230, hereafter section 1230) and were relevant to corroborate Knox’s testimony. The statements were placed into evidence by Sergeant Frank O’Hanlon, who testified about what Morris had said to him after he was arrested.

During deliberations, the jury inquired twice about Morris’s statements (asking to see Morris’s “confession ... in its entirety”) and once about Knox’s testimony.

Defendant was convicted of shooting at an inhabited dwelling (Pen. Code, § 246), conspiracy to shoot at an inhabited dwelling (id., §§ 182, subd. (a)(1), 246) and assault with a firearm (id., § 245, subd. (a)(2)). The jury also found true a personal-firearm-use enhancement (id., § 12022.5, subd. (a)(1)). Defendant was sentenced to a prison term of nine years.

On appeal, the Court of Appeal, one justice dissenting, held that the trial court erred in admitting Morris’s redacted statements because they did not satisfy the reliability requirement of section 1230 and, in addition, their admission violated defendant’s rights under the confrontation clause of the Sixth Amendment to the United States Constitution. Finding that the trial court’s erroneous admission of the statements was not harmless beyond a reasonable doubt (Chapman v. California (1967) 386 U.S. 18, 24 [87 S.Ct. 824, 828, 17 L.Ed.2d 705, 24 A.L.R.3d 1065]), the Court of Appeal reversed defendant’s conviction.

We granted the People’s petition for review and now affirm the judgment of the Court of Appeal.

Discussion

Having invoked his Fifth Amendment right not to incriminate himself, Morris was, for hearsay rule purposes, not available as a witness. (Evid. [610]*610Code, § 240, subd. (a)(1); People v. Gordon (1990) 50 Cal.3d 1223, 1251 [270 Cal.Rptr. 451, 792 P.2d 251], overruled on another point in People v. Edwards (1991) 54 Cal.3d 787, 835 [1 Cal.Rptr.2d 696, 819 P.2d 436].) Accordingly, at his second trial defendant was afforded no opportunity to cross-examine Morris.

Defendant contends, and the Court of Appeal agreed, that the trial court erred in admitting under section 1230 Sergeant O’Hanlon’s testimony relating Morris’s postarrest statements. Defendant also contends that the Court of Appeal correctly reversed his conviction because it was obtained in contravention of the federal constitutional guarantee, made applicable to the states through the Fourteenth Amendment (Pointer v. Texas (1965) 380 U.S. 400, 403-405 [85 S.Ct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Jimenez CA4/2
California Court of Appeal, 2025
People v. Capiendo CA2/2
California Court of Appeal, 2025
(HC) Watkins v. Hixson
E.D. California, 2025
People v. Kessler CA3
California Court of Appeal, 2024
People v. Donohoe CA3
California Court of Appeal, 2023
People v. Godbolt CA2/2
California Court of Appeal, 2021
People v. Holland CA6
California Court of Appeal, 2021
(HC) Lopez v. Sherman
E.D. California, 2019
People v. Reyes
California Court of Appeal, 2019
People v. Almeda
California Court of Appeal, 2018
People v. Gallardo
California Court of Appeal, 2017
People v. Washington
California Court of Appeal, 2017
People v. Smith
10 Cal. App. 5th 297 (California Court of Appeal, 2017)
People v. Covarrubias
378 P.3d 615 (California Supreme Court, 2016)
People v. Grimes
378 P.3d 320 (California Supreme Court, 2016)
State v. Britt
Nebraska Supreme Court, 2016
People v. Galvan CA2/1
California Court of Appeal, 2016
People v. Johnson CA2/2
California Court of Appeal, 2016
People v. Mendoza CA2/6
California Court of Appeal, 2016

Cite This Page — Counsel Stack

Bluebook (online)
12 P.3d 1110, 101 Cal. Rptr. 2d 701, 24 Cal. 4th 603, 24 Cal. 603, 2000 Cal. Daily Op. Serv. 9622, 2000 Daily Journal DAR 12849, 2000 Cal. LEXIS 9047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-duarte-cal-2000.