People v. Smith
Annotate this CaseSmith was one of three people extracted from a vehicle involved in a single-car rollover accident. Smith’s blood alcohol content (BAC) was 0.24 percent. He was charged with driving under the influence causing injury and driving with a BAC in excess of 0.08 percent causing injury. As to both counts, it was alleged that Smith’s BAC was in excess of 0.20 percent, he proximately caused bodily injury to two victims, he personally inflicted great bodily injury upon one victim, and he had a prior DUI conviction. Smith sought to introduce evidence that another vehicle occupant made an extrajudicial statement against penal interest indicating she, and not Smith, was driving at the time of the accident. After an Evidence Code section 402 hearing, the court found the statement unreliable and declined to permit evidence of the statement to be presented to the jury. Smith was convicted and all allegations found true. The court of appeal affirmed, finding that the trial court did not abuse its discretion and that, if it had, any error was harmless. Smith was able to present his defense through the direct testimony of others. To arrive at a guilty verdict, the jury necessarily rejected that sworn testimony. It is not reasonably probable that Smith would have obtained a different result from introduction of an unsworn statement.
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