P. v. Velazquez
A jury convicted defendant Noel Velazquez of two counts of robbery within a residence (Pen. Code, 211, 212.5), one count of assault with a firearm (Pen. Code, 245, subd. (a)(2)), two counts of unlawful taking of vehicles (Veh. Code, 10851, subd. (a)), and one count of possessing methamphetamine (Health & Saf. Code, 11377, subd. (a)). Defendant appealed his conviction challenging the admissibility of testimony about lab reports by an expert who did not personally perform the lab testing, as well as raising two sentencing issues. On January 23, 2009, we issued an opinion affirming the judgment, and the remittitur issued on April 13, 2009. After our opinion was filed and the remittitur had issued, the United States Supreme Court issued its opinion in Melendez-Diaz v. Massachusetts (2009) ___ U.S. ___ [129 S.Ct. 2527; 174 L.Ed.2d 314] (Melendez-Diaz). In that case, the Court concluded that certificates (or notarized affidavits) of state laboratory analysts stating that material seized by police and connected to the defendant was cocaine was testimonial hearsay that violated the defendants Sixth Amendment right to confrontation. Defendant Velazquez subsequently requested that we recall the remittitur and reinstate the appeal to reconsider the admissibility of the testimony about lab reports by the expert who did not personally perform the testing in light of Melendez-Diaz. We reinstated the appeal, invited supplemental briefing, and again affirm the judgment.
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