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People v. Mayfield1/2/1997
cate for either side.
4. Ineffective Assistance of Counsel
Defendant contends that the actions and omissions of his trial attorney during the jury view denied him the effective assistance of counsel guaranteed by the federal and state Constitutions. In particular, he complains that trial counsel failed to object to the trial court's actions, entered into stipulations readily, and did not object when evidence was received.
We have already concluded that the trial court's actions were proper and thus not objectionable. Similarly, we conclude that defense counsel did not act inappropriately when he stipulated to certain facts, such as the location of Sergeant Wolfley's body. Absent evidence to the contrary, we may assume that the facts as stipulated were consistent with prosecution evidence that defendant never intended to dispute. Finally, we find no sound basis upon which counsel could have objected to the taking of testimony at the scene. As we have previously observed, defendant was aware, when he waived his personal presence during the jury view, that some testimony would be taken. In addition, we note that defense counsel did object, albeit unsuccessfully, to the gunfire demonstration insofar as it involved attempts to view the muzzle flashes from the window of Curtis Corbin's apartment. The basis of the objection was that Corbin's testimony was not specific enough to permit a reenactment that duplicated the exact position of the firearm. The trial court overruled the objection, reasoning that the problem could be overcome by firing the weapon from whatever positions counsel might suggest that fell within the ambit of Corbin's testimony. We find no basis upon which to conclude that defendant's trial counsel did not provide him with the effective assistance of counsel that the state and federal Constitutions guarantee.
C. The Haverstick/Hester Conversation
Defendant contends that the trial court erred in overruling a hearsay objection to a tape recording of a telephone conversation between William Haverstick, Sergeant Stodelle, and Yvonne Hester during the time that defendant was holding Haverstick as a hostage. He further contends that the erroneous ruling violated his federal constitutional rights of confrontation, due process of law, and capital verdict reliability (U.S. Const., 5th, 6th, 8th, & 14th Amends.).
Defendant had been speaking on the telephone with Hester and Stodelle when Hester asked about Haverstick's condition and told defendant she wanted to speak to him. Haverstick then came on the line with Hester and Stodelle, stating that defendant had shot him, describing his condition, and pleading for help. Hester then said, "Dennis?" Defendant answered, "Hmm?" Hester said, "Dennis, you didn't say the man was shot." Defendant replied, "Okay, so now y'all know."
In a hearing outside the jury's presence to determine the admissibility of the evidence (Evid. Code, § 402-403), Hester testified that she could hear defendant in the background as she was speaking to Haverstick. The trial court ruled the evidence admissible under the hearsay exceptions for adoptive admissions (Evid. Code, § 1221), spontaneous declarations (id., § 1240), and present physical and mental condition (id., § 1250).
We find no error in the court's ruling. The trial court found that defendant was able to hear both sides of the telephone conversation. Substantial evidence supports the Conclusion. The conversation began when defendant agreed to let Haverstick speak to Hester, the conversation lasted only about a minute and a half, during the conversation Hester could hear defendant in the background, and when Hester addressed defenda
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