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PEOPLE v. ARAUZ

No. B230053.

210 Cal.App.4th 1394 (2012)

149 Cal. Rptr. 3d 211

THE PEOPLE, Plaintiff and Respondent, v. BRANDON RAY ARAUZ et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

November 8, 2012.

Attorney(s) appearing for the Case

Linda C. Rush , under appointment by the Court of Appeal, for Defendant and Appellant Brandon Ray Arauz.

Leonard J. Klaif , under appointment by the Court of Appeal, for Defendant and Appellant Ulises Kline.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven D. Matthews and David E. Madeo , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J. —

Where, as here, an accomplice inculpates himself and his codefendant to a fellow inmate/informant, his statements, if trustworthy, are admissible in the codefendant's trial. Such statements are declarations against penal interest, are not "testimonial," and their admission does not violate the confrontation clause as explained in Crawford v. Washington (2004) 541 U.S. 36 [158...

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