People v. Veamatahau
People v. Veamatahau
Opinion of the Court
*725*70After a jury trial, defendant was convicted of, among other things, two misdemeanor counts of possession of personal identifying information and possession of a controlled substance, alprazolam (Xanax). On appeal, he argues the trial court erroneously denied his motion to dismiss both charges under Penal Code section 1118.1. He further contends his controlled substance possession conviction must be reversed because the prosecution's expert conveyed inadmissible, case-specific hearsay to the jury.
In the published portion of this opinion, we conclude the prosecution's expert's testimony that he relied on a database to determine the contents of the pills found on defendant's person was not case-specific hearsay under state law. We affirm the judgment.
I. BACKGROUND
On November 19, 2015, the district attorney filed an information charging defendant with six felonies and three misdemeanors.
On June 6, 2015, police sergeant Clint Simmont pulled defendant over in his vehicle for making a right turn from a stop sign without signaling. Sergeant Simmont searched defendant and his car. He found a cellophane wrapper containing 10 pills in defendant's coin pocket, and 5 personal checks in his back pocket. Officers also found cocaine base in the pocket of the driver's door. Defendant was arrested and transported to the police station.
At the police station, defendant provided a statement to Sergeant Simmont, which was played for the jury at trial. In his statement, defendant said he *71takes four or five of the "Xanibar" pills found on his person every day, "[u]ntil [he] feel[s] good." As to the checks found in his back pocket, defendant said he found them on the sidewalk and was going to "see what [he] could do with 'em." He said he would try to cash them, but he doubted it would work because his name was not on them. Defendant said he did not know who signed the back of the checks, and he "found 'em like that."
After trial, a jury found defendant guilty on four felony counts and counts 7 and 8. The trial court suspended imposition of sentence on defendant's felony counts and placed him on three years of formal probation with one year of local custody. The court imposed concurrent 90-day jail terms for counts 7 and 8.
II. DISCUSSION
A. Possession of Personal Identifying *726Information
B. Possession of Alprazolam
Defendant challenges his conviction for possession of alprazolam on two grounds: first, he contends the evidence was insufficient to support his conviction because there was no evidence the pills he possessed were not counterfeit, and second, he argues the prosecution's expert impermissibly conveyed case-specific facts to the jury about the chemical composition of the pills discovered on his person. We address the latter contention first in the published portion of this opinion.
1. Factual Background
At trial, Scott Rienhardt, a forensic laboratory criminalist at the San Mateo County Sheriff's Office, testified regarding the forensic examination of suspected controlled substances found on defendant's person and in his car, including the pills located in his pocket. Rienhardt stated: "[W]ith pharmaceuticals, we just identify the tablet based on its logo. And we don't do chemical testing on those unless requested." Rienhardt testified the rectangular tablets found in the cellophane wrapper "contain[ed] alprazolam. The generic name is Xanax."
Two days after defendant's conviction, the California Supreme Court issued its opinion in People v. Sanchez (2016)
2. Forfeiture
We first address the Attorney General's claim defendant forfeited the issue by failing to object below. We previously rejected a similar argument in People v. Jeffrey G. (2017)
In Sanchez, our Supreme Court clarified the "traditional" distinction between "an expert's testimony regarding his general knowledge in his field of expertise" and the expert's testimony about "case-specific facts about which the expert has no independent knowledge." ( Sanchez, supra, 63 Cal.4th at p. 676,
Defendant relies heavily on a factually similar case from a different division of this court, People v. Stamps (2016)
In this case, as did the expert in Stamps , Rienhardt told the jury he identified the contents of the tablets taken from defendant by comparing their appearance with information in a database. We respectfully disagree with Stamps, however, that the expert's testimony was inadmissible. As we will explain, Rienhardt's testimony *728comprised two distinct parts. His testimony about the appearance of the pills, though case specific, was not hearsay because it was based on his personal observation. His testimony about the database, while hearsay, was not case specific, but the type of general background information which has always been admissible when related by an expert. Thus, under our reading of Sanchez, both parts of Rienhardt's testimony were admissible. *74We begin our analysis with the explanation offered by our high court: "The hearsay rule has traditionally not barred an expert's testimony regarding his general knowledge in his field of expertise. '[T]he common law recognized that experts frequently acquired their knowledge from hearsay, and that "to reject a professional physician or mathematician because the fact or some facts to which he testifies are known to him only upon the authority of others would be to ignore the accepted methods of professional work and to insist on ... impossible standards." Thus, the common law accepted that an expert's general knowledge often came from inadmissible evidence.' [Citations.] Knowledge in a specialized area is what differentiates the expert from a lay witness, and makes his testimony uniquely valuable to the jury in explaining matters 'beyond the common experience of an ordinary juror.' [Citations.] As such, an expert's testimony concerning his general knowledge, even if technically hearsay, has not been subject to exclusion on hearsay grounds.
"By contrast, an expert has traditionally been precluded from relating case-specific facts about which the expert has no independent knowledge. Case-specific facts are those relating to the particular events and participants alleged to have been involved in the case being tried. Generally, parties try to establish the facts on which their theory of the case depends by calling witnesses with personal knowledge of those case-specific facts. An expert may then testify about more generalized information to help jurors understand the significance of those case-specific facts. An expert is also allowed to give an opinion about what those facts may mean. The expert is generally not permitted, however, to supply case-specific facts about which he has no personal knowledge." ( Sanchez, supra, 63 Cal.4th at p. 676,
In our view, the only "case-specific" fact here concerned the markings Rienhardt saw on the pills recovered from defendant. ( Sanchez, supra, 63 Cal.4th at p. 676,
*75The information in the database, on the other hand, was not about the specific pills seized from defendant, but generally about what pills containing certain chemicals *729look like.
In further support of this analysis, we look to one of several examples given in Sanchez to clarify the distinction between general background information and case-specific hearsay. The Supreme Court explained the fact that an associate of the defendant had a diamond tattoo would be a case-specific fact that could be established by a witness with personal knowledge or a photograph. ( Sanchez, supra, 63 Cal.4th at p. 677,
Because we determine Rienhardt's testimony was not case-specific hearsay, we need not reach the Attorney General's arguments (1) the testimony was admissible under the exception for a published list or compilation or (2) any Sanchez error was harmless under the circumstances of this case.
*7304. Substantial Evidence
III. DISPOSITION
The judgment is affirmed.
We concur:
Humes, P.J.
Banke, J.
Defendant pleaded no contest to two of the felonies and the prosecution dismissed a misdemeanor charge for driving without a valid driver's license. (Veh. Code, § 12500, subd. (a) ; count 9).
All further statutory references are to the Penal Code unless otherwise indicated.
See footnote *, ante .
Defendant notes this is incorrect because Xanax is the registered trademark for a drug which contains alprazolam, but offers no evidence or authority for this assertion. Because the issue is not pertinent to our resolution of the case, we take no position on the matter.
Though Sanchez also addressed admission of testimonial hearsay in violation of the federal confrontational clause under Crawford v. Washington (2004)
We acknowledge that California appellate courts have reached different conclusions about forfeiture of Sanchez hearsay objections in cases tried before the Sanchez opinion issued. (Compare People v. Blessett (2018)
Indeed, defendant appears to acknowledge as much in his opening brief when he states in a footnote to a different argument: "[I]t is important to remember that the truth of the matter asserted in the database is only that a pill bearing a certain insignia purports to contain a specific chemical. It does not assert as a truth that any particular pill bearing that insignia actually does contain a specific chemical."
We express no opinion on the reliability of the database or the expert's use of the database to identify the pills. Rienhardt testified his method was the generally accepted method for testing in the scientific community, and defendant did not object or explore the issue on cross-examination. In any event, the jury was free to reject Rienhardt's testimony if it found his opinion unreliable. (Sanchez, supra , 63 Cal.4th at p. 675,
See footnote *, ante .
Reference
- Full Case Name
- The PEOPLE, and v. Joseph VEAMATAHAU, and
- Cited By
- 2 cases
- Status
- Published