The People v. Marquez CA4/2

I. INTRODUCTION

Defendant was convicted of carjacking, robbery, assaulting a police officer, and

driving with disregard for safety while evading a police officer. The jury also found true

allegations that he used a knife and that a principal used a firearm in committing the

carjacking and robbery. The jury further found true gang enhancement allegations as to

each crime.

Efran Barajas was the victim of the carjacking and robbery. He testified for the

prosecution at defendant’s preliminary hearing. Shortly afterward, and unbeknownst to

the prosecution, he was deported to Mexico. Over defendant’s objection, the court

allowed the prosecution to introduce Barajas’s preliminary hearing testimony at trial

based on the finding that the witness was unavailable and that the prosecution had made

reasonable, good faith efforts to secure his appearance at trial.

On appeal, defendant contends the court violated his constitutional rights under the

confrontation clause of the Sixth Amendment in allowing Barajas’s preliminary hearing

testimony at trial. He also contends the evidence was insufficient to support the gang

enhancement findings, the court erred in failing to hold a…