California Court of Appeal

Life sentences and convictions for conspiracy and other felonies arising from a series of home invasion robberies, with finding that the robberies were gang-related, are: 1) affirmed in part where any prohibited use of defendant's admission was harmless error, and that the self-incriminating statements were not testimonial for purposes of the constitutional right to confront adverse witnesses; 2) modified to reflect a conviction under the lesser included offense of attempting to prevent a victim or witness from reporting a crime, Pen. Code section 136.1 (b)(1), and assault with a firearm, section 245(a)(2); and 3) reversed and remanded for resentencing.

Appellate Information

• Published 2016/01/13

Judges

• GOMES

Court

• California Court of Appeal

Counsel