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PEOPLE v. SINOHUI

No. S094039.

120 Cal.Rptr.2d 783 (2002)

28 Cal.4th 205

47 P.3d 629

The PEOPLE, Plaintiff and Respondent, v. Robert Gene SINOHUI, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied August 14, 2002.

Attorney(s) appearing for the Case

Sharon M. Jones and Diane Nichols, San Diego, under appointments by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Laura Whitcomb Halgren, Robert M. Foster and Angela K. Rosenau, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

California recognizes two marital privileges. First, a spouse may refuse to testify against the other spouse (spousal testimony privilege). (Evid.Code, § 970.) Second, a spouse may refuse to disclose or may prevent the other spouse from disclosing confidential communications between them during their marriage (marital communications privilege). (Evid.Code, § 980.) Despite recognizing these privileges...

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