P. v. Smith
Defendant and appellant Bryan Smith (defendant) appeals from the judgment entered after a jury convicted him of evading an officer in a vehicle driven in willful or wanton disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a); count 1), misdemeanor hit-and-run driving (Veh. Code, § 20002, subd. (a); count 2), and unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 3). Defendant contends the trial court erred by admitting the preliminary hearing testimony of a witness concerning count 3, based on that witness’s unavailability at the time of trial, and that the trial court’s erroneous ruling violated defendant’s federal and state constitutional right of confrontation.
We conclude that the trial court did not err by admitting the prior testimony of an unavailable witness and therefore affirm the judgment.
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