Defendant appeals judgment of conviction and sentence for first degree robbery in violation of section 711.2, The Code 1979. We affirm the judgment of the trial court.
I. The claim that the declaration by defendant is not an admission because it is exculpatory assumes that it otherwise is excludable from evidence as hearsay. It is not. Hearsay is “a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”
State v. Miller,
Defendant urges that the rule applied in Schrier and Tornquist only applies where an accused has told inconsistent stories prior to the time the evidence is offered. We disagree. While inconsistent stories by an accused is one way of showing fabrication, it is not the only way. In the present case, the state sought to do so by the testimony of Beverly Perkins contradicting what defendant had stated about his whereabouts at the time of the crime. There was no error in admitting this evidence over the objection that it was hearsay.
II. In response to defendant’s claim that the challenged evidence is improper impeachment, we conclude that it was not impeachment at all. Defendant had not yet testified. The challenged evidence was part of the state’s case-in-chief and constituted substantive evidence of guilt.
Schrier,
AFFIRMED.
