People v. Mitchell
Opinion
Opinion
Johnson, J.
Defendant and appellant, Correy Mitchell, robbed a restaurant, carjacked a car, and led the police on a pursuit in the stolen car. A jury found Mitchell guilty of 14 criminal offenses, including assault with a firearm on a police officer and felony evading. The court sentenced him to 191 years in state prison as a “third strike” offender. Mitchell appeals, claiming admission of a police dispatch tape at trial violated his right to confrontation under the United States Supreme Court’s decision in Crawford v. Washington 2The trial court found the tape admissible as a business record and the People argue it avoids Crawford error for that reason. We conclude the tape does not offend Crawford because of its content, not because it might qualify as a “business record.” But in any event we find any such error would be harmless in this case. In the unpublished part of our opinion we address appellant’s contention the trial court’s imposition of upper terms and consecutive sentences deprived him of the right to a jury trial as mandated by Blakely v. Washington We find no prejudicial error and accordingly affirm.