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People v. Kraft8/10/2000
o authority, that the magistrate could not properly issue a warrant to search for evidence of crimes committed in another state in the absence of a request from law enforcement authorities in that state. As the Attorney General observes, section 1524, subdivision (a) provides a search warrant may be issued, inter alia, " hen the property was stolen or embezzled" and " hen the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony." The statute contains no language suggesting the things to be seized must relate to a crime committed within this state or that the initiative must come from elsewhere. Finally, we reject defendant's unsupported contention that the Lear-Siegler search was an unconstitutional general search, as the warrant clearly specified the items to be seized.
4. Hearsay Objection to "Airplane Hill" Testimony
Defendant contends the trial court erred in overruling his hearsay objection to testimony by William Smith, a long-time resident of Huntington Beach, that the location where the body of "John Doe Huntington Beach" was found had formerly been known as "Airplane Hill." ("AIRPLANE HILL" was an entry on the list found in defendant's car.) Outside the presence of the jury, the prosecution offered to prove, through Smith's testimony, that, in the 1940's and 1950's, the area was so called because of a steep dip in the road that was capable of causing cars travelling at a certain minimum speed to become airborne. Around 1960 the road had been filled in to carry truck traffic.
On appeal, defendant renews his hearsay objection. As did the trial court, we conclude it lacks merit. Smith's testimony related not out-of-court statements by others, but rather an unofficial place name known to him through his own personal experience, and thus did not constitute hearsay. (Evid. Code, § 1200.) By logical extension of defendant's reasoning, any name of a person, place or thing would be inadmissible hearsay, including the testimony of his own witnesses regarding alternative sites for "Airplane Hill." He cites no authority for the proposition, however, and the contrary appears supported by long-standing precedent. (See People v. Watson (1913) 165 Cal. 645, 651-652.)
5. Denial of Motion for Jury View of Scene Where Victim Hall's Body Was Found
Defendant contends the trial court erred in denying his motion, pursuant to section 1119, to transport the jury to the remote mountain area where the body of Mark Hall was found. Defense counsel argued that viewing the scene was the only way by which the jury could appreciate both the difficulty of defendant's disposing of the body in that location and the dissimilarity of the method of the Hall murder to others with which defendant was charged. The trial court concluded the jury was sufficiently assisted to determine defendant's guilt or innocence of the charge by testimony of witnesses for both the prosecution and the defense about the various routes to the scene, together with the admission into evidence of a map and photographs of the area, and that a view would thus be superfluous. This erroneous ruling, defendant argues, deprived him of his constitutional right to present a defense and undermined the reliability of the judgment of death imposed upon him.
Whether to permit the jury to view the scene of a crime falls within the court's discretion, reviewable for abuse. (People v. Price, supra, 1 Cal.4th at p. 422.) By that standard, we find no error in the trial court's ruling. The photographs admitted into evidence and the testimony of several witnesses made clear the
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