P. v. Alger
This case returns to us upon transfer from the California Supreme Court, with instructions to vacate our previously issued opinion and reconsider the matter in light of intervening authority from that court and the United States Supreme Court. Jared Thomas Alger was convicted of voluntary manslaughter, felony false imprisonment and misdemeanor assault. Based on our analysis of then-existing authority, we reversed the convictions, finding that appellant’s constitutional right of confrontation was violated because the evidence presented at trial concerning the results of the victim’s autopsy was not delivered by the pathologist who performed the autopsy. We now conclude no reversible error occurred with respect to the autopsy testimony. As we did before, we reject appellant’s additional contentions that the court erred in admitting some of the statements he made to the police and that the evidence was insufficient to support the manslaughter conviction. We additionally reject appellant’s claim that the trial court abused its discretion in denying his request for a continuance to allow retained counsel to replace the public defender, an issue we found unnecessary to reach in our previous opinion. Accordingly, we now affirm the convictions.
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