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PEOPLE v. DUARTE

No. S068162.

101 Cal.Rptr.2d 701 (2000)

24 Cal.4th 603

12 P.3d 1110

The PEOPLE, Plaintiff and Respondent, v. Danny DUARTE, Defendant and Appellant.

Supreme Court of California.

December 4, 2000.

Attorney(s) appearing for the Case

Dennis A. Fischer, Santa Monica, under appointment by the Supreme Court; Maureen DeMaio, Santa Barbara, under appointment by the Court of Appeal; Law Offices of Dennis A. Fischer and John M. Bishop, Riverside, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Carol Wendelin Pollack, Assistant Attorney General, Robert Carl Schneider, Sanjay T. Kumar, Robert F. Katz and Peggie Bradford Tarwater, Deputy Attorneys General, for Plaintiff and Respondent.

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...

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