P. v. Cruz
Defendant and appellant Gonzalo Cruz was retried after his conviction for murder (Pen. Code, 187, subd. (a)) was reversed. On retrial, a jury found him guilty of the lesser offense of second degree murder. It also found true the allegation that defendant personally used a deadly and dangerous weapon (a knife), within the meaning of Penal Code sections 12022, subdivision (b)(1) and 1192.7, subdivision (c)(23). A trial court sentenced defendant to 16 years to life, and ordered the sentence to be served consecutive to a 26 year to life term previously imposed on another murder conviction. On appeal, defendant argues that his conviction should be reversed because the court improperly admitted a hearsay statement made by his daughter regarding the whereabouts of the victim. Furthermore, the court failed to properly instruct the jury as to the treatment of the alleged adoptive admission. Court affirm.
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