Wilson
The People v. Wilson
Opinion
Opinion
Suzukawa, J.
Defendant Christopher P. Wilson appeals from the judgment entered following his conviction by jury of second degree robbery, false imprisonment by violence, and assault with a semiautomatic firearm, with findings that a principal was armed with a firearm, defendant used a firearm, and he committed the crimes with the intent to promote criminal conduct by gang members. (Pen. Code, §§ 211, 236, 245, subd. (b), 12022; subd. (a)(1), 186.22, subd. (b)(1)(C).) Defendant was sentenced to 22 years in prison. He contends the trial court erred by allowing the prosecution to introduce the victim’s preliminary hearing testimony and photographs from defendant’s cell phone and denying his motion for new trial. We conclude defendant was denied a fair trial and reverse.
FACTUAL AND PROCEDURAL BACKGROUND
For reasons that will be set forth in detail below, the victim, Lewis Peoples, Jr., did not testify at trial. The prosecution was allowed to use his preliminary hearing testimony.
I. The Prosecution Case
Lewis Peoples, Jr., ran an Internet-based radio station from his home in Wilmington. He became acquainted with defendant and arranged for him to be interviewed on his station.