P. v. Talavera
Filed 2/17/06 P. v. Talavera CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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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€