P. v. Thielemann
A jury convicted defendant, Mike King Thielemann, of two counts of assault by means of force likely to produce great bodily injury. (Pen. Code,[1] § 245, subd. (a)(1).) He was sentenced to three years in state prison. Defendant assaulted two acquaintances—Patricia Gault (count 1) and Todd Dickey (count 2). Defendant asserts the trial court violated his confrontation rights under the federal Constitution as to count 2. Defendant challenges an order admitting into evidence a recording of a non-testifying victim’s telephone call to an emergency operator. Defendant’s argument on appeal relates solely to the aggravated assault on Mr. Dickey. Mr. Dickey did not testify at trial. We conclude Mr. Dickey’s statements were nontestimonial and therefore admissible. We further conclude even if there was error, it was harmless. We affirm the judgment but direct, upon remittitur issuance, the abstract of judgment be corrected.
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