California v. Jenkins
Annotate this CaseDefendant-appellant Tyrus Jenkins was convicted by jury of first-degree burglary of a residence with a person present, second degree burglary of a car, attempted unlawful taking of the car, and misdemeanor possession of burglary tools. The court sentenced him to a total of 13 years. Jenkins appealed, contending his conviction for attempted unlawful taking of a vehicle should have been reversed because the court permitted, over his objection, a police detective to testify to the car’s estimated value obtained from the Kelley Blue Book’s Web site. Jenkins claimed this was hearsay evidence that should have been excluded, and absent this testimony, there was no evidence establishing the car was worth more than $950, an element of the felony offense. Jenkins also contended his conviction for vehicular burglary also had to be reversed because the evidence was insufficient to prove the car was locked at the time of his entry. The Court of Appeal concluded the trial court properly admitted the Blue Book evidence under Evidence Code section 1340, the published compilation exception to the hearsay rule. And the Court found substantial circumstantial evidence established the car was locked. Accordingly, judgment was affirmed.
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