Chaney

People v. Chaney

Good Law
148 Cal. App. 4th 772·2007 Cal. App. LEXIS 368·2007 Daily Journal DAR 3593·56 Cal. Rptr. 3d 128·2007 Cal. Daily Op. Serv. 2838
Court of Appeal of CaliforniaMarch 16, 2007G036049California2,802 words

Opinion

Opinion

Sills, J.

Robert Alan Chaney appeals from the judgment sending him to prison for two consecutive, indeterminate 14-years-to-life terms plus a consecutive 10-year term, after a jury convicted him of three counts of kidnapping during.the commission of a carjacking. (See Pen. Code, § 209.5.) He was also convicted of the lesser included offense of carjacking, but that was dismissed by the trial court. Subsequently, the court found Chaney had three prior prison terms (see § 667.5, subd. (b)), one prior serious felony conviction (see § 667, subd. (a)), and one prior “strike” conviction (see §§ 667, subds. (b)-(i), 1170.12).

On appeal, Chaney contends the trial court erred in admitting a nontestifying witness’s statement because it allegedly violated his right to confront and cross-examine a witness under the Sixth Amendment. (See Crawford v. Washington (2004) 541 U.S. 36 [ 158 L.Ed.2d 177 , 124 S.Ct. 1354 ]; see also Davis v. Washington (2006) 547 U.S. 813 [ 165 L.Ed.2d 224 , 126 S.Ct. 2266 ].) In the unpublished portion of our opinion, we address his other contentions: the allegedly erroneous admission of other, uncharged acts of violence; the allegedly erroneous jury instructions; the…

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