People v. Nye CA4/3

INTRODUCTION

Defendant Cannibis Garren Nye appeals from a judgment entered after a jury found him guilty of first degree residential burglary and receipt of stolen property. He contends the admission of a portion of an investigator‟s testimony, which recounted a witness‟s statements made during the investigation of the charged offenses, denied Nye his right to confront and cross-examine witnesses in violation of the Sixth Amendment to the United States Constitution. He argues his trial counsel‟s failure to object to the investigator‟s testimony on that ground constituted ineffective assistance of counsel. Nye also contends insufficient evidence supported the burglary conviction because the prosecution failed to present any proof he entered the victim‟s apartment. We affirm. Nye‟s trial counsel did not render ineffective assistance of counsel. Even assuming Nye‟s trial counsel‟s representation was deficient in his failure to object to the investigator‟s testimony regarding a witness‟s statements, the challenged testimony was duplicative of other evidence admitted at trial that was adduced from another witness. Thus, its admission did not prejudice Nye. As explained in detail post,…