Rios

Alfonso Jose Rios appeals his jury conviction for first degree murder (Pen. Code, § 187) and true finding of the firearm use allegation (§ 12022.5). Relying upon his Sixth Amendment right to confrontation, Rios contends the admission of hearsay statements of two key witnesses, Torres and Carrillo, under section 1235 of the Evidence Code, as prior inconsistent statements, constituted prejudicial error; that without such evidence there was insufficient corroboration of accomplice Ramos’ testimony to satisfy the requirements of section 1111 for conviction; and there was prejudicial prosecutorial misconduct requiring reversal. As we shall explain, we have concluded the admission of the hearsay statements was prejudicial error and there was insufficient corroboration of the accomplice testimony; we therefore reverse the judgment.

I

Facts and Procedural History Independent Trial Evidence

On October 25, 1982, Wallace Lord was shot to death in the apartment he occupied with his wife at 2620 “A” Street in the City of San Diego. There were no eyewitnesses to the murder. Evidence at trial established at about 9 p.m. that evening, his wife was doing renovation work at another unit…