State v. Carrillo
In State v. Carrillo, 156 Ariz. 120, 124, 750 P.2d 878, 882 (App. 1987), vacated in part on other grounds, 156 Ariz. 125, 128, 750 P.2d 883, 886 (1988) (granting review only on issues of voluntary confession and improper comment on invocation of rights), the defendant argued statements the deceased victim had made should have been excluded as hearsay.
In that case, the victim had spoken on the phone to a friend around the time of death and the friend had heard him say to someone in the background, "Hector, don't do that now," or "Hector, we will do that later." Id. at 121, 750 P.2d at 879.
The remark "was probative because it showed that a person named Hector was in the victim's home at that time, but the victim was not intending to assert anything by making the statement." Id. at 124, 750 P.2d at 882.
Therefore, the statement was "not hearsay at all" and was properly admitted. Id.