People v. Delgado

Opinion

ARABIAN, J.

We determine whether the trial court erred in denying defendant Steven Delgado’s motion for a new trial based on a witness’s posttrial declaration, and whether the trial court engaged in a prejudicial ex parte communication with the jury. The Court of Appeal found error on both of these bases, and reversed defendant’s conviction for second degree murder and misdemeanor child abuse. We disagree and reverse the Court of Appeal.

I. Facts

A. Prosecution Case

1. Background

On September 26, 1989, at 7:40 a.m., Elizabeth Ruiz (Ruiz) called “911” to report that she had awakened to find…