P. v. Tokio
Agaititi Timothy Tokio was charged with hitting another partygoer during a night of revelry in Isla Vista. His defense was that his football teammate Garry Vereen struck the blow. The trial judge, however, precludes Tokio and Vereen's coach from testifying to the facts and circumstances of Vereen's confession that he had committed the crime. At trial, Vereen admits his confession yet recants it. After Tokio was convicted of assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)) and simple battery ( 242), the trial court granted his motion for a new trial pursuant to section 1181, on its finding that it had erred in excluding the coach's testimony. The People of the State of California now appeal from that order. Court conclude that the court acted within its discretion in granting a new trial on this ground. Accordingly, Court affirm.
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