P. v. Carrillo CA2/6
Victor Alfonso Carrillo, a MPLS gang member, appeals his conviction by jury of two counts of domestic battery (counts 1 & 2; Pen. Code, § 243, subd. (e)(1)) , disturbing the peace by fighting (§ 415, subd. (1)), and attempted second degree robbery with a gang enhancement (§§ 664/211; 186.22, subd. (b)(1) & (2)). The trial court sentenced appellant to seven years state prison. Appellant contends that the trial court erred in admitting the victim’s out-of-court statement that appellant grabbed her wrist and said “give me [your cell] phone” during the attempted robbery. We affirm. (Evid. Code, § 1240.)
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