P. v. Beard CA1/5
Sean Beard was convicted of several acts of domestic violence. The victim did not testify at trial. Instead, her statements to police officers and treating medical personnel were introduced. The jury also heard out-of-court statements of two prior victims of domestic violence by Beard. Beard argues three statements were improperly admitted as spontaneous declarations under Evidence Code section 1240, and two were testimonial in violation of the confrontation clause. He further argues the court erred in admitting certain statements in recorded jail calls he made to the current victim, the prosecutor misstated the law in closing argument, and the trial court impermissibly restricted defense counsel’s discussion of reasonable doubt in closing argument. We affirm.
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