People v. Johnson CA4/1

I.

INTRODUCTION

Defendant Leon Johnson appeals from a judgment entered after a jury convicted

him of first degree murder in the killing of victim Angie Borrayo in 1975. On appeal,

Johnson contends (1) that the trial court abused its discretion in permitting the prosecutor

to introduce evidence of other sex crimes Johnson had committed, and (2) that the trial court violated his Sixth Amendment right to confront a witness when the court admitted a

witness's prior statement after determining that the witness was effectively unavailable

due to her inability to recall many of the events.

We conclude that the trial court did not abuse its discretion in permitting the

prosecutor to introduce evidence of other uncharged sexual offenses that Johnson

committed. We also reject Johnson's contention that the trial court erred in admitting a

witness's prior statement after determining that she was an unavailable witness. As

Johnson concedes, the Supreme Court has already decided this issue against him. We

therefore affirm the judgment of the trial court.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

On the night of November 22, 1975, Borrayo was…