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Name: People v. Sinohui
Case #: S094039
Court: CA Supreme Court
District CalSup
Opinion Date: 06/13/2002
Subsequent History: Rehrg. den. 8/14/02

Defendant’s wife was not prevented from testifying by the marital privilege, because the exception applied in which her husband was charged with a crime against a third person, committed in the course of committing a crime against her (Evid. Code, sec. 972, subd.(e)(2)). It was not required that the defendant be charged with a crime against the spouse. The statutory exception applied if the crimes against the third person and the spouse were part of a continuous course of criminal conduct, and had some logical relationship to each other. Here, the wife was present in a car with the third party when defendant and another man accosted them and forced the victim into the trunk and shot him. Defendant committed false imprisonment against his wife during the victim’s kidnapping and murder.