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P. v. Hidalgo
Appellant Angel Anthony Hidalgo challenges his conviction for murder (Pen. Code, § 187, subd. (a)).[1] He contends his judgment of conviction must be reversed due to insufficiency of the evidence, instructional error, and sentencing error; in addition, he maintains that the trial court erred in admitting the preliminary hearing testimony of a witness not available at trial. Respondent acknowledges certain defects in appellant’s sentence. Although we reject appellant’s contentions regarding the sufficiency of the evidence, the prejudicial effect of any instructional error, and the admission of the preliminary hearing testimony, we conclude that his sentence contains errors, and modify the judgment to correct them.

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