P. v. Atwood CA1/3
Defendant Melissa Atwood appeals from a judgment of conviction after a jury found her guilty of elder abuse, identity theft, commercial burglary and grand theft. The charges arose from defendant obtaining a credit union loan by representing herself to be her mother, Suzi Atwood. On appeal, defendant contends the trial court erred by admitting hearsay statements of Suzi Atwood, who did not testify, and by not giving requested instructions limiting the statements to a nonhearsay purpose. Defendant argues that the admission of the hearsay evidence also violated her rights under the confrontation clause.
Because the challenged statements were not testimonial, we do not find a violation of defendant’s confrontation clause rights. Suzi Atwood’s out-of-court statements were admissible for the nonhearsay purpose of imparting information to the credit union and explaining its subsequent action. While we agree with defendant that the trial court erred in admitting these statements for
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