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P. v. Talavera

P. v. Talavera
02:27:2006

P. v. Talavera


Filed 2/17/06 P. v. Talavera CA6




NOT TO BE PUBLISHED IN OFFICIAL REPORTS



California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SIXTH APPELLATE DISTRICT












THE PEOPLE,


Plaintiff and Respondent,


v.


RICHARD TALAVERA,


Defendant and Appellant.



H028590


(Santa Clara County


Super. Ct. No. CC449373)



Defendant Richard Talavera was convicted after jury trial of three counts of aggravated sexual assault of a child under 14 (Pen. Code, 269).[1] He was sentenced to three consecutive terms of 15 years to life. On appeal he contends that the denial of his motion to exclude his statement to police as involuntary denied him due process. He further contends that the court erred by admitting under Evidence Code section 1360 the child-victim's statements to police and her preliminary hearing testimony. We find no error or abuse of discretion, and therefore affirm.


BACKGROUND


Defendant was charged by information with three counts of aggravated sexual assault of a child under 14 (§ 269). During motions in limine, the parties submitted a videotape and transcript of defendant's statement to police and asked the court to determine whether the statement was involuntary and should be excluded. After reviewing defendant's statement and hearing argument from counsel, the court found that there was no Miranda violation,[2] and that defendant voluntarily made the statement â€





Description A criminal law decision regarding aggravated sexual assault of a child under 14.
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