People v. Morales

Defendant was convicted, after bench trial, of 1 counts of aggravated domestic battery and 2 counts of domestic battery. Court did not abuse its discretion in admitting victim's statement to the 911 operator that Defendant choked her. Victim had called 911 while the startling nature of the event predominated. The 911 operator's preliminary questions were an effort to determine the nature of the situation and the type of assistance that victim required, rather than a persistent interrogation. The fact that victim's statement was made in response to the operator's question did not destroy its spontaneity. (BRIDGES and HUTCHINSON, concurring.)