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Supreme Court of California


People v. Herrera, S171895

In a prosecution of defendant for first degree murder, with a criminal street gang special circumstances and two gang-related enhancements, the Court of Appeal's reversal of trial court's decision to allow a deported witness's testimony to be read to the jury is reversed and remanded as the prosecution's showing of the witness's unavailability, which was based on undisputed testimony, satisfied constitutional and state law requirements.

Appellate Information

  • Decided 07/01/2010
  • Published 07/01/2010

Judges

Court

  • Supreme Court of California

Counsel

  • For Appellant:
  • Waldemar D. Halka, Edmund G. Brown, Jr.

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