P. v. Rosas CA4/1
A jury convicted Michael Paul Rosas of second degree murder. It also found true the allegation that Rosas personally and intentionally discharged a firearm during the offense and proximately caused great bodily injury or death. The trial court sentenced Rosas to an indeterminate term of 40 years to life imprisonment.
Rosas appeals. He contends (1) the court prejudicially erred by refusing to allow him to introduce the former testimony of an unavailable witness, D.R., on the ground that Rosas did not exercise reasonable diligence to secure her attendance at trial; (2) if he did not exercise reasonable diligence to secure D.R.'s attendance, his trial counsel was ineffective and he is entitled to relief on that basis; and (3) the reasonable diligence requirement violates his constitutional rights to a fair trial and to present a complete defense under the circumstances here. We disagree with these contentions and therefore affirm.
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