California v. Gobert
Annotate this CaseDefendant-appellant Latravius Gobert strangled his girlfriend to death in front of their six-year-old daughter. After a jury convicted him of second degree murder, the court imposed a 35 years-to-life prison sentence. On appeal, Gobert contended his conviction should be reversed because the trial court erroneously allowed hearsay evidence of two prior domestic violence incidents. He also sought independent review of the materials considered by the trial court during a Pitchess hearing. Gobert additionally contended that the portion of the minute order from the sentencing hearing prohibiting him from owning, possessing, and controlling deadly weapons and related paraphernalia should be stricken because it was not part of the oral pronouncement of judgment. The Court of Appeal affirmed judgment: although the hearsay was inadmissible, it was harmless error. On the Pitchess claim, although the trial court did not follow the correct procedure at the in camera hearing, the Court independently reviewed the materials and concluded there was no resulting prejudice to Gobert. The Attorney General conceded that the discrepancy in the minute order required a strike of the terms “deadly weapon” and “related paraphernalia” from the minute order. At the same time, the Court rejected Gobert’s related contention that a notation in the minute order memorializing the court’s instruction that he not possess any firearms and ammunition constituted an unauthorized sentence.
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