Oct. 27, 2022 – People v. Duran (2nd Dist., Div. 2, B317640)

The Court of Appeal holds the trial court properly admitted at a PC 1172.6 evidentiary hearing defendant’s statements made to a psychologist during a parole interview. The court finds use immunity does not apply because (1) the privilege against self-incrimination is not implicated at a PC 1172.6 evidentiary hearing; and (2) the prior statements were introduced to impeach defendant’s sworn statement about his eligibility for relief, and the privilege against self-incrimination does not encompass a right to lie.