People v. Romero

California Court of Appeal Mar 27, 1984 No. Crim. 17021Published

Before: Sonenshine

AI Brief

AI-generated · verify before citing

Holding. The court held that a criminal defendant's constitutional right to an interpreter throughout the proceedings is violated when a single interpreter is shared between the defendant and witnesses, thereby denying the defendant due process.

Issues

Whether the failure to provide a dedicated interpreter for a non-English speaking defendant throughout the proceedings constitutes a denial of due process.
Whether a trial court may accept a defense counsel's stipulation to share a single interpreter between the defendant and witnesses.

Disposition. reversed

Quotations verified verbatim against the opinion

“the use of one interpreter to translate both the defendant and witness satisfies neither article I, section 14 nor due process.”

“It is the defendant’s ability to instantaneously communicate with counsel upon a spontaneous understanding of the testimony and the proceedings which must be protected. . . . [N]othing short of a sworn interpreter at defendant’s elbow will suffice.”

Opinion

SONENSHINE, J.

Isedro Hernandez Romero was convicted of second degree murder (Pen. Code, § 187)

with use of a knife (§ 12022, subd.

[759]

(b)). He argues the failure to provide him with an interpreter throughout the proceedings resulted in a denial of due process. We agree and reverse.

The facts, not essential to a resolution of this appeal, may be briefly summarized. During a party, Sergio Cruz, a noninvitee, attempted to coax one of the guests, Sophia, outside. Although Cruz and Sophia had previously dated, Sophia refused to leave the house.

Cruz returned hours later accompanied by Romero and others. When Sophia still refused to leave with Cruz, catcalls were made until a fight erupted between those inside the house and Cruz and his friends. During the brawl, witnesses identified Romero as stabbing Jose Gomez, Sophia’s cousin. Romero, Cruz and the others fled.

Gomez’s autopsy revealed he died from eight stab wounds. Romero was arrested at a hospital while being treated for cuts and bruises. Blood tests showed Romero’s blood alcohol level to be .16.

Romero admitted at trial he accompanied Cruz to the party and was involved in a fight, but denied stabbing anyone. In addition he admitted drinking beer but denied feeling its effect.

At the commencement of trial, Romero’s attorney entered into a stipulation.

It purported to limit the need to employ two Spanish interpreters; one for appellant who spoke only Spanish and one for the eight wit

[760]

People v. Romero

AI Brief

SONENSHINE, J.

More from California Court of Appeal

Related research

AI Brief