People v. Guzman

Opinion

GOSWAMI, J. * —

INTRODUCTION

Defendant challenges his conviction on two counts of lewd and lascivious acts upon a child under 14 years old. As his sole contention on appeal, Defendant maintains the trial court prejudicially erred when it admitted a recorded telephone conversation between a defense witness and the mother of one of the victims. Defendant argues the ruling contravened the exclusionary rule stated in Penal Code 1 section 632, subdivision (d), which bars the admission of evidence obtained as a result of recording a confidential communication without the consent of all…