People v. Gallegos

Appellant Gallegos was convicted of assault with a deadly weapon with intent to inflict bodily injury, and conspiracy to commit the same offense. One Sandoval was shot in the leg, allegedly by defendant, during an altercation between two groups of people. After being arrested, arraigned, and while in county jail, appellant made several telephone calls in order to retain counsel. A portion of one of these calls was overheard by the jailer. Defendant was heard to say: “I was the one who shot him.” Although objected to, and after an in camera hearing, the jailer was allowed to testify to…