PEOPLE v. QUITIQUIT

No. D050385.

65 Cal.Rptr.3d 674 (2007)

155 Cal.App.4th 1

The PEOPLE, Plaintiff and Respondent, v. Michael Pedro QUITIQUIT, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division One.

September 12, 2007.


Attorney(s) appearing for the Case

Catherine White under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Ronald A. Jakob and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.


McINTYRE J.

The critical issue on this appeal is whether the trial court erred in admitting evidence of a declarant's statements to her doctor and a police officer that the defendant had caused her neck injury seven weeks earlier, pursuant to the "physical injury" exception to the hearsay rule for statements made "at or near" the time of the injury. (Evid.Code, § 1370, subd. (a)(3).) (All further statutory references...

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