P. v. Mesker
A deadly weapon was concealed in a sweatshirt resting on the console between five-time felon Randall Mesker and his passenger, three-striker John Dufault, when the police stopped them for a traffic violation. The investigating officer saw defendant Mesker, the owner and driver of the car, handling the sweatshirt as the officer approached the car. Appealing his conviction for possession of a deadly weapon (Pen. Code, 12020, subd. (a)(1)), Mesker contends the trial court abused its discretion and curtailed his constitutional right to present a defense by disallowing admission of a purported affidavit by Dufault claiming the weapon was his. Court cannot say the trial court abused its discretion by disallowing admission of what it believed was an inherently untrustworthy document. Court also conclude defendant has no constitutional right to present hearsay evidence that does not meet the threshold requirement of trustworthiness. The judgment is affirmed.
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