P. v. Cage 7/15/04 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E034242

Case Date: 07/15/2004

Preview:Filed 7/15/04

CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. LISA MARIE CAGE, Defendant and Appellant. E034242 (Super.Ct.No. RIF097168) OPINION

APPEAL from the Superior Court of Riverside County. Robert J. McIntyre, Judge. Affirmed. Jeanne Courtney Van Derhoff, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Michael T. Murphy and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of part I.

1

During a fight between defendant and her 15-year-old son John F., John sustained a long and nasty cut down his neck. John made three successive hearsay statements -- to a police officer at the hospital, to a doctor at the hospital, and to the same police officer at the police station -- each to the effect that defendant had picked up a piece of glass and deliberately slashed him with it. Two of defendant's other children denied this; one testified that John cut himself accidentally. John was unavailable to testify at trial; however, his hearsay statements were admitted. As a result, defendant was found guilty of assault with a deadly weapon. (Pen. Code,

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