Arauz

Where, as here, an accomplice inculpates himself and his codefendant to a fellow inmate/informant, his statements, if trustworthy, are admissible in the codefendant’s trial. Such statements are declarations against penal interest, are not “testimonial,” and their admission does not violate the confrontation clause as explained in Crawford v. Washington (2004) 541 U.S. 36 [ 158 L.Ed.2d 177 , 124 S.Ct. 1354 ] (Crawford).

Brandon Ray Arauz and Ulises Kline appeal their convictions by jury for criminal street gang activity (Pen. Code, § 186.22, subd. (a)) 1 and two counts of attempted premeditated murder (§§ 664, 187, subd. (a)) with gang, firearm, and great bodily injury enhancements (§§ 186.22, subd. (b)(1)(C), 12022.53, subd. (e)(1), 12022.7). The trial court sentenced Arauz to 64 years to life in state prison and Kline to 32 years to life in state prison.

Appellants contend that the trial court erred in admitting an accomplice’s jailhouse statements to an informant and gang telephone wiretap recordings. We modify the sentence to (1) stay the concurrent two-year sentences on the criminal street gang counts (§ 654; People v. Mesa (2012) 54 Cal.4th 191, 197-198 [ 142…