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PEOPLE v. BRENN

No. G036470.

60 Cal.Rptr.3d 830 (2007)

152 Cal.App.4th 166

The PEOPLE, Plaintiff and Respondent, v. Joshua Weyland BRENN, Defendant and Appellant.

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

June 18, 2007.

Attorney(s) appearing for the Case

Carmela F. Simoncini, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette and Gary W. Schons, Assistant Attorneys General, Scott C. Taylor and Kelley Johnson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BEDSWORTH, J.

We deal here with the admissibility of statements made by a stabbing victim to a 911 operator and the first police officer on the scene. It is our conclusion the statements were admissible as spontaneous statements and were non-testimonial in nature, and therefore not barred by Crawford v. Washington (2004) 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (Crawford).

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