P. v. Overstreet
A jury convicted defendant Randy Overstreet of attempted sexual intercourse with a minor and found true allegations that he had four prior prison terms. The trial court sentenced him to 13 years in state prison.
Defendant now contends (1) the trial court erred in admitting a recorded out-of-court interview with the victim pursuant to Evidence Code section 1360, and (2) defendant’s trial counsel was ineffective in failing to object to other out-of-court statements made by the victim.
We conclude (1) the trial court did not abuse its discretion in admitting the victim’s interview statements because the evidence provided sufficient indicia of reliability; and (2) regarding defendant’s claim of ineffective assistance, he does not establish prejudice because the challenged statements were admissible as spontaneous declarations.
We will affirm the judgment.
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