Avila

Jaime Avila appeals from the judgment following his convictions of assaulting two police officers with a semiautomatic firearm and of being a felon in possession of a gun. Because the court improperly permitted the People to use former trial testimony of a witness, we reverse and remand for retrial.

FACTS AND PROCEDURAL HISTORY

Around 8:30 p.m. on February 1, 2003, Los Angeles Police Officers Brett Clark and Ben Perez were working a gang detail when they stopped near the intersection of Figueroa and 118th Street to talk to three suspected gang members. As they got out of their car, Officer Perez saw three Hispanic adults walking on the sidewalk toward the officers. One of the three, appellant Jaime Avila, started to run toward the officers. Officer Perez asked Officer Clark, “What’s up with this guy?” Officer Clark looked up and saw appellant clutching his waistband and running toward them before dashing out to the street past their patrol car. The officers ordered appellant to come back, but when he continued running, they chased after him. As appellant reached the comer at 118th Street, he began to turn left. According to the officers, appellant “bladed” as he turned,…