P. v. Leonardo

Filed 1/19/07  P. v. Leonardo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

            APPEAL from a judgment of the Superior Court of Merced County.  Ronald W. Hansen, Judge.

            John R. Hargreaves, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

            Paul Jason Leonardo appeals from a conviction of one count of driving under the influence of alcohol with a prior conviction (count 1; Veh. Code, §§  23152, subd.  (a) & 23550.5, subd.  (a)); one count of driving with a blood alcohol level of .08 or above with a prior conviction (count 2; Veh. Code, §§  23152, subd.  (b) & 23550.5, subd.  (b)); one count of child endangerment (count 3; Pen. Code, §  273a, subd.  (a)); one count of resisting arrest (count 4; Pen. Code, §  148, subd.  (a)); and two counts of driving with a suspended license (counts 5 & 6; Veh. Code, §§  14601.1, subd.  (a) & 14601.5, subd.  (a)).  In a bifurcated proceeding, the court found true the allegation of the prior conviction for driving under the influence of alcohol or drugs causing injury (Veh. Code, §  23153, subd.  (a)).  Leonardo was sentenced to a total of four years.

            On appeal, Leonardo claims the trial court erred in admitting hearsay testimony in violation of his Sixth Amendment right to confrontation within the meaning of Crawford v. Washington (2004) 541 U.S. 36 (Crawford).

FACTUAL SUMMARY

            On May  13, 2000, at 7:44  p.m., Stanislaus County Sheriff Deputy Jeff Hunt received a call from his dispatcher, who relayed a report of a reckless driver near the 3300 block of Vernal in Merced.  Arriving at the address, Hunt heard the sound of squealing tires.  He saw a red Nissan skid around the corner and come to a stop in a nearby driveway.  The car matched the description Hunt had received in the dispatch.  As the driver exited the vehicle, Hunt immediately recognized the driver, who he later identified as Leonardo.  Hunt knew the driver because he had spoken with him on numerous prior occasions, sometimes for as long as 45 minutes to an hour.  Hunt did not, however, recall the driver's name.  Hunt watched as Leonardo grabbed his daughter, M. L., and walked into the house connected to the driveway.  Approximately 30 seconds later, Hunt heard the back door close and what sounded like someone jumping over a fence.

            Hunt entered the house and encountered Manuel Santo.  Hunt asked Santo if he had been driving the Nissan.  Santo opined that Leonardo was probably the driver and volunteered that Leonardo had been drinking earlier in the day.  When Santo gave Leonardo's middle name, Hunt recalled Leonardo's full name.  M. L. was also in the house, clearly upset and calling out for her â€