Mar. 22, 2023 – People v. Gobert (4th Dist., Div. 1, D080018)

The Court of Appeal affirms defendant’s murder conviction. The court finds that the trial court erred by admitting hearsay evidence of prior misconduct under EC 1109(a)(1) – as EC 1109(a)(1) “is not a hearsay exception” – but that the error was harmless. The court finds that the trial court’s failure to follow correct Pitchess procedures was also harmless. The court strikes from the sentencing minutes an admonition, which was not orally pronounced and which was routinely included in sentencing minutes from the same trial court, for defendant to not possess any firearm or deadly weapon for the rest of his life.