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People v. Solorio

California Court of Appeals, Fourth District, Third Division
Feb 25, 2011
No. G042192 (Cal. Ct. App. Feb. 25, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ADRIAN SOLORIO, Defendant and Appellant. G042192 California Court of Appeal, Fourth District, Third Division February 25, 2011

NOT TO BE PUBLISHED

Super. Ct. No. 06CF1702

ORDER MODIFYING OPINION; DENYING PETITION FOR REHEARING

ARONSON, J.

Appellant Adrian Solorio’s petition for rehearing filed on February 14, 2011, is DENIED. The failure to provide this court with a copy of the video introduced at trial did not serve as the “basis” for the court’s conclusion Evidence Code section 1241 did not apply to the hearsay statements overheard by Brenda Mendoza and Karina Velazquez. Nonetheless, for the sake of clarity, the opinion filed on January 28, 2011, is MODIFIED to delete the original footnote number three on page 8 and replace it with the following footnote:

3 California Rules of Court, rule 8.320(e) “deemed” the video “part of the record” on appeal because the trial court admitted it into evidence. The clerk’s transcript, however, did not include a copy of the video and therefore the burden fell on Solorio to have the video transmitted to this court pursuant to California Rules of Court, rule 8.224(a)(1). Solorio failed to do so.

Nonetheless, we do not base our decision on the unavailability of the video. Rather, as explained below, we conclude Evidence Code section 1241 does not apply because Solorio offered the hearsay statements to clarify the disputed statement on the video rather than to explain, qualify or make understandable any conduct by the person making the statements. Solorio does not argue, or otherwise point to any evidence suggesting, the video depicted the declarant searching for or hiding a gun.

This modification does not change the judgment.

WE CONCUR: O’LEARY, ACTING P. J., FYBEL, J.


Summaries of

People v. Solorio

California Court of Appeals, Fourth District, Third Division
Feb 25, 2011
No. G042192 (Cal. Ct. App. Feb. 25, 2011)
Case details for

People v. Solorio

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ADRIAN SOLORIO, Defendant and…

Court:California Court of Appeals, Fourth District, Third Division

Date published: Feb 25, 2011

Citations

No. G042192 (Cal. Ct. App. Feb. 25, 2011)