P. v. Moreno CA4/2
Defendant Oscar Kenneth Moreno was convicted of two counts of attempted robbery, two counts of assault with a firearm, and one count of being a felon in possession of a handgun. A jury also found true the allegation that defendant personally used a firearm during the commission of the attempted robberies and the assaults. The trial court sentenced defendant to state prison for 16 years eight months. Defendant appeals contending: (1) the trial court erred by instructing the jury that it could conclude defendant knew he was guilty because he fled when one of the victims tried to apprehend him, and (2) that admission of DNA evidence through a witness who did not personally perform the underlying tests and did not prepare the report of the test results violated his right to confront witnesses under the Sixth Amendment to the United States Constitution. Having found no prejudicial error, we affirm the judgment.
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