P. v. Simmons CA2/2
Defendant and appellant Samuel Alonzo Simmons (defendant) appeals from his conviction of assault with a firearm. He contends that the gang enhancement must be reversed because the gang expert’s opinion was based on hearsay in violation of state law and the confrontation clause of the Sixth Amendment to the United States Constitution. Defendant also contends that reversal and remand for sentencing is required because the trial court imposed unauthorized firearm and recidivist sentence enhancements, and the court should be allowed to exercise its discretion under the recent amendment to the firearm enhancement statutes. Defendant also requests the correction of clerical errors in the minutes and abstract of judgment. We find no hearsay error or confrontation violation, and no error in imposing a recidivist enhancement. We conclude that though the firearm enhancement was properly imposed, it must be stayed, but no reversal or remand for sentencing is required.
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