P. v. Saldana CA2/7
A jury convicted Victor Saldana of the first degree murder of Akeem Leggins, second degree robbery, and the unlawful driving or taking of a vehicle. As to the robbery count, the jury found true the special allegation the offense was committed to benefit a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)(C)). The jury also found true multiple firearm-use enhancements. Saldana contends on appeal the admission of the pathologist’s hearsay testimony concerning an autopsy report prepared by a nontestifying pathologist violated his Sixth Amendment right to confrontation as set forth in Crawford v. Washington (2004) 541 U.S. 36 (Crawford). Saldana also contends the trial court erred in imposing the 10-year gang enhancement pursuant to section 186.22, subdivision (b)(1)(C). Saldana further contends remand is necessary to allow the trial court to exercise its discretion whether to impose the firearm enhancements imposed pursuant to section 12022.53, subdivisions (b) and (d).
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