232 Cal. App. 4th 355
Cal. Ct. App.2014Background
- Mason was convicted of three first degree murders with two life-tariffs enhanced by Three Strikes; multiple related counts including attempted murder, robbery, burglary, false imprisonment, assault with a firearm, shooting at inhabited dwellings, and felon-in-possession firearm charges.
- Evidence issues: admission of Hana Jabbar’s pretrial testimony as unavailable witness; lay of unavailability under Evidence Code 240.
- Statement issues: admission of Marquis Veal’s statements via a testimony that Bell allegedly provided the information; analysis under Evidence Code 1230.
- Firearm possession counts: the People charged Mason with four separate felon-in-possession counts tied to the same firearm on different dates; trial court treated them as separate offenses.
- Three Strikes triple-count: the trial court tripled the life-without-parole sentences under § 667, subd. (e)(2) based on the three murders.
- Disposition: on appeal, the court reversed three firearm-possession counts and modified the life-without-parole terms to a single life sentence per murder; affirmed the remainder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Hana Jabbar’s prior testimony | People argued Hana unavailable under §240(a)(5) | Mason contends due diligence was not shown | Unavailability and admission upheld; no error found in due diligence. |
| Admissibility of Veal statements under Evidence Code 1230 | Veal’s statements against Bell’s interest linked Mason | Bell’s reliability and source were questionable | Harmless error; exclusion would not have changed outcome. |
| Four firearm possession convictions for same gun constitute multiple offenses | Possession on multiple dates supports multiple offenses | Possession was continuous; only one offense | Reverse three counts; hold one continuous offense; count 12 (as applicable) remains. |
| Tripling life sentences under Three Strikes for life without parole | Tripling authorized under §667(e)(2) | Life-without-parole has no minimum term; cannot be tripled | Three Strikes does not permit tripling life-without-parole sentences; modify to three life terms without parole. |
Key Cases Cited
- People v. Herrera, 49 Cal.4th 613 (2010) (due diligence standard for unavailable witnesses)
- People v. Sanders, 11 Cal.4th 475 (1995) (totality of efforts to locate witness; good faith required)
- People v. Wilson, 36 Cal.4th 309 (2005) (reasonable efforts to locate witness under Evidence Code§240(a)(5))
- People v. Diaz, 95 Cal.App.4th 695 (2002) (prosecution not required to keep tabs on witnesses; reasonable diligence)
- People v. Brown, 31 Cal.4th 518 (2003) (test for admissibility of 1230 declarations; reliability and credibility standards)
- People v. Greenberger, 58 Cal.App.4th (missing exact citation) (1997) (totality of circumstances in 1230 determinations)