Osorio

Defendant Edgar Omar Osorio challenges his conviction for murder, arson, robbery, and burglary. Osorio contends the admission of a victim’s out-of-court statements describing her attacker violated his right to confrontation under the Sixth Amendment of the United States Constitution as interpreted by the Supreme Court in Crawford v. Washington (2004) 541 U.S. 36 [ 158 L.Ed.2d 177 , 124 S.Ct. 1354 ] (Crawford). He also contends the trial court erred in failing to stay a 10-year gang enhancement because the court stayed the sentence on the underlying offense.

In the published portion of this opinion, we reject Osorio’s Crawford challenge. The trial court properly admitted the victim’s statements to a paramedic and a police officer at the scene because they were nontestimonial. The trial court properly admitted the victim’s third description of the attacker as partial impeachment under Evidence Code section 1202 of her earlier descriptions. The trial court correctly instructed the jury to consider the third description as impeachment only, and there is nothing in the record indicating the jury failed to follow that instruction. Finally, in the unpublished portion of this…