People v. Guzman
Annotate this CaseDefendant challenged his conviction on two counts of lewd and lascivious acts upon a child under 14 years old, maintaining that the trial court prejudicially erred when it admitted a recorded telephone conversation between a defense witness and the mother of one of the victims. The court affirmed the judgment, concluding that the "Right to Truth–in–Evidence" provision of the California Constitution, Cal. Const., art. I, 28, subd. (f), par. (2)), as enacted by the passage of Proposition 8 in 1982, abrogated the exclusionary rule stated in Penal Code section 632, subdivision (d) (which bars the admission of evidence obtained as a result of recording a confidential communication without the consent of the parties), to the extent it is invoked to suppress relevant evidence in a criminal proceeding.
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