People v. Lozano (2024) A165646 A165646; filed 4/10/24. ![[Files/CaseFiles/A165646.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/A165646.PDF) ## Rule excerpts Published Discussion I: Evidence Code section 1240. A subsequent startling event may trigger a spontaneous report of earlier abuse; emotion alone does not establish the exception. > None of these cases undermines the rule that the statement must have been made while the reflective powers are still in abeyance due to the stress of excitement caused by perceiving an event. But evidence that a declarant is under stress or in a state of high emotion while recounting a traumatic event is not enough—without the requisite link to a recent startling event—to establish a statement’s admissibility. — People v. Lozano (2024) A165646, slip op., p. 14.