People v. Stanphill

Opinion

SIMS, Acting P. J.

Defendant Brenton Clay Stanphill appeals from a judgment following revocation of probation (Pen. Code, § 1203.2) upon the trial court’s finding that he participated in a gang-related battery (Pen. Code, §§ 242, 186.22) while incarcerated in jail as a condition of probation. The only evidence tying defendant to the battery was an unsworn hearsay statement of the victim to a law enforcement officer, identifying defendant’s photograph as portraying one of the assailants, which the court allowed as a spontaneous statement under Evidence Code section 1240. Defendant…