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Name: People v. Perez
Case #: B126876
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/28/2000
Subsequent History: Review denied 11/15/00

At a trial for first degree special circumstance murder for a drive-by shooting, a prosecution witness to the shooting, Gutierrez, repeatedly answered “I don’t remember” to virtually all the questions asked her about what she had seen the night of the murder. A police officer testified that Gutierrez had told him she was afraid she would be shot if she testified. Her prior statements describing the crime and identifying appellants were then admitted into evidence as prior inconsistent statements. The appellate court here held that there was no violation of appellant’s right to confrontation. The witness was not absent from trial. She testified at length, and the jury had an opportunity to observe her demeanor and apparent credibility. The constitutional requirements were satisfied.