People v. Rocha CA4/2

INTRODUCTION

Defendant Daniel Nino Rocha appeals from judgment entered following jury

convictions for assault with a firearm (Pen. Code, § 245, subd. (a)(2)1; count 1),

possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2), and participation in a

street gang (§ 186.22, subd. (a); count 3)). The jury also found true the enhancements of

personally using a firearm and personally inflicting great bodily injury (GBI) as to

count 1 (§§ 12022.5, subd. (a), and 12022.7, subd. (a)). As to counts 1 and 2, the jury

found true allegations that the crimes were committed for the benefit of, at the direction

of, or in association with, a criminal street gang (§ 186.22, subd. (b)). In addition,

defendant admitted he served one prior prison term (§ 667.5, subd. (b)) and had one prior

serious felony conviction (§ 667.5, subd. (a)) and one prior strike conviction (§§ 667,

subds. (a) & (e)(1), and 1170.12, subd. (e)(1)). The trial court sentenced defendant to an

aggregate prison term of 38 years and eight months.

Defendant contends the trial court’s admission of preliminary hearing testimony

by David Jackson and Bernie Davis violated defendant’s constitutional rights…