P. v. Parker
In 1985, a team of robbers stole $265,000 from a Riverside bank. One of the robbers got into a shootout with a security guard. The security guard was shot and died; the robber was shot and bleeding but managed to flee. In 2007, DNA testing matched the robber’s blood to defendant Leslie Gene Parker.
Defendant was charged with murder (Pen. Code, § 187, subd. (a)), with a robbery-murder special circumstance (Pen. Code, § 190.2, subd. (a)(17)), a personal firearm use enhancement (Pen. Code, § 12022.5, subd. (a)), and a prior serious felony conviction enhancement (Pen. Code, § 667, subd. (a)).
In the guilt phase, the jury found defendant guilty of first degree murder (Pen. Code, § 189) and found all the charged allegations true.
In the penalty phase, the jury was unable to reach a verdict. The People elected not to retry the penalty phase. Accordingly, defendant was sentenced to an indeterminate term of life without the possibility of parole, a determinate term of seven years, and the usual fines and fees.
Defendant now contends:
1. The trial court erred by admitting evidence that defendant had committed a previous robbery.
2. The trial court violated the confrontation clause by allowing a pathologist who was not present at the victim’s autopsy to testify regarding the autopsy report.
We find no prejudicial error. Hence, we will affirm.
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