People v. Carrillo CA2/4

INTRODUCTION

Defendant Jorge Omar Carrillo appeals from the judgment entered following his conviction by jury of battery of a spouse and attempted criminal threats, with a finding that he personally used a handgun during commission of the latter offense. (Pen. Code §§ 243, subd. (e)(1), 422, subd. (a), 664 , subd. (a), 12022.5, subd. (a).1) Defendant was sentenced to five years in prison and ordered to pay various fines and fees. He contends the trial court erred by (1) admitting the victim’s preliminary hearing testimony and striking her recanting trial testimony after she invoked her privilege against self- incrimination and refused to complete her testimony at trial, while rejecting defendant’s request to submit evidence to impeach the victim’s prior testimony; and (2) failing to adequately instruct the jury on the issue of the stricken testimony and the reasons why the victim was not testifying. We conclude defendant was prejudiced by the error and therefore reverse.

FACTUAL AND PROCEDURAL HISTORY

Defendant was charged with corporal injury to a spouse (count one), criminal threats (count two), and dissuading a witness from reporting a crime (count three), with the…