People v. Vargas CA2/4

INTRODUCTION

Appellants Carlos Vargas, Adrian Barajas, Joseph A. Pacheco, and Douglas Cornejo appeal from judgments and sentences following their convictions for kidnapping and attempted murder. They contend the trial court erred in admitting the preliminary hearing testimony of the victim, on the grounds (1) that the prosecution violated its obligations under Brady v. Maryland (1963) 373 U.S. 83 (Brady) by failing to disclose impeachment evidence until after the preliminary hearing, and (2) that the admission of the preliminary hearing testimony violated their rights to confront and cross-examine the witness. They also contend the trial court erred in denying a defense request for a delayed discovery instruction. Cornejo separately contends that the trial court abused its discretion in excluding two exculpatory statements on the basis of hearsay. Finally, Cornejo and Pacheco contend there was insufficient evidence to support certain convictions and sentencing enhancements. Finding no reversible error, we affirm.

PROCEDURAL HISTORY

Appellants were each charged in an amended information with attempted willful, deliberate, and premeditated murder of Valentin Anaya (Pen. Code,

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