People v. Perez

Opinion

BENKE, J. In this case, in proving the occurrence of prior convictions the prosecution relied upon certified copies of the appellants’ “prison packets.” We reject the appellants’ contention admission of the packets violated the confrontation clause of the Sixth Amendment. The documents in the prison packets were prepared for nontestimonial purposes and as such were admissible hearsay. Moreover, the certificates by which the prison packet documents were authenticated attested to matters which are outside the protection of the Sixth Amendment.

[803]Like the Attorney General, we agree each of four $600 fines imposed on one appellant under Penal Code1 sections 1202.4 and 1202.44 must be reduced to $200 and that a one-year prior prison enhancement imposed on the other appellant must be stricken.

FACTUAL AND PROCEDURAL BACKGROUND

A jury convicted appellants Michael Eugene Perez and Keith Maurice Hill of burglary. The jury also found true allegations the burglary was of an inhabited dwelling and that another person, other than an accomplice, was present in the dwelling during the commission of the crime. (§§ 459, 460, 667.5, subd. (c)(21).)

The trial court found Perez suffered a prior prison term within the meaning of section 667.5, subdivision (b), three prior serious felony convictions within the meaning of section 667, subdivision (a)(1), and three prior “strikes” within the meaning of section 667, subdivisions (b) through (i). The trial court found Hill suffered two prior serious felony convictions within the meaning of 667, subdivision (a)(1), and two prior “strikes” within the meaning of section 667, subdivisions (b) through (i).

In proving the prior prison terms, prior felony convictions and prior strikes, the prosecution offered “prison packets” which contained documents certified as the true and correct copies of documents kept by penal institutions. Both Perez and Hill objected to introduction of the “prison packet” documents on the grounds their admission violated the confrontation clause of the Sixth Amendment.

The trial court struck two of Perez’s strikes and sentenced him to a total of 23 years in prison. The trial court struck one of Hill’s strikes and sentenced him to 18 years in prison.