State v. Rivera

Mr. Rivera appeals his conviction of second degree burglary. He contends the court erred in admitting an out-of-court statement of the State's primary witness. We agree and reverse.

At approximately 8:30 p.m., March 9, 1987, when the Toppenish police were making their security checks, they found several VCR's, car stereos and other electronic items next to the railroad tracks not far from the Western Auto Store. The police discovered several sets of footprints behind the Western Auto Store and found the back doors had been kicked in. The police then searched the boxcars near the Linda Rosa…