California Court of Appeal

Defendant's convictions of second degree robbery, false imprisonment by violence, and assault with a semiautomatic firearm, are reversed, where: 1) the trial court erred by allowing the prosecution to introduce the victim's preliminary hearing testimony because upon being informed that the victim had recanted his preliminary hearing testimony, the court had an obligation to inform the parties of the situation; and 2) because the jury was allowed to view the evidence in a false light, justice demands that defendant receive a new trial.

Appellate Information

• Decided 05/15/2013
• Published 05/15/2013

Judges

• SUZUKAWA

Court

• California Court of Appeal

Counsel