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PEOPLE v. GRAY

No. B302236.

63 Cal.App.5th 947 (2021)

278 Cal. Rptr. 3d 291

THE PEOPLE, Plaintiff and Respondent, v. DONTRAE GRAY, Defendant and Appellant.

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

April 30, 2021.

Attorney(s) appearing for the Case

William J. Capriola , under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Susan Sullivan Pithey , Assistant Attorney General, Paul M. Roadarmel, Jr. , and Michael Katz , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

On video recorded by a bodycam worn by a police officer, a visibly distraught woman reported that her boyfriend had beat her up. Although her statement qualifies as an "excited utterance" admissible under the hearsay rule, it is inadmissible at trial under the Sixth Amendment's confrontation clause...

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