Roldan

*973 Opinion

Appellant Juan Roldan was sentenced to life in prison without parole for carrying out a pair of shootings against rival gang members. He contends he was denied a fair trial because the victim of one of the shootings was deported after the preliminary hearing and he did not have the opportunity to confront him at trial. We agree this amounted to a violation of Roldan’s rights. Accordingly, we reverse the convictions stemming from that particular shooting. We also modify the judgment to properly reflect the trial court’s sentencing decision and to award Roldan one additional day of presentence custody credit. In all other respects, we affirm.

FACTS

On December 28, 2006, Sabas Barrera was shot during an encounter that occurred in an area of Santa Ana claimed by the Lyon Street gang. By the time of trial, Barrera had been deported to Mexico, but the trial court allowed the prosecution to introduce his preliminary hearing testimony into evidence.

At that hearing, Barrera testified he was a member of Lyon Street at the time of the shooting. He said he and a friend were waiting in the heart of territory his gang claimed when a white car pulled up to them. His friend…