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Name: People v. Osorio
Case #: G036221
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/30/2008
Summary

Admission of victim’s out of court statement describing her assailant was proper. In an appeal from his murder conviction, Osorio contended that the admission of the victim’s out of court statements describing her attacker violated his Sixth Amendment right to confrontation as interpreted by Crawford v. Washington. The appellate court rejected the argument, finding that the trial court properly admitted the victim’s statements to a paramedic and a police officer at the scene because they were nontestimonial. When the paramedic contacted the victim, he asked questions in order to help treat her injuries. Preliminary questions asked by the officer at the scene shortly after the incident did not rise to the level of an “interrogation.” Nothing demonstrated that responses were elicited to obtain information for later use in a criminal trial. The victim’s third description of the attacker was admissible as partial impeachment under Evidence Code section 1202.