P.
P. v. Smith CA1/2
Opinion
Opinion
Haerle, J.
I. INTRODUCTION
A jury found Kwanasia Smith guilty of second degree robbery. (Pen. Code, § 211.) The court sentenced her to three years probation with the condition that she serve one year in either county jail or a drug treatment program. On appeal, Smith argues that the judgment must be reversed because the trial court (1) violated her constitutional right to confrontation by admitting preliminary hearing testimony from the victim of the robbery; and (2) denied her request for a pinpoint instruction regarding the force element of the robbery charge. We reject these contentions and affirm the judgment.
II. STATEMENT OF FACTS
The incident that gave rise to the charge against Smith occurred near San Francisco‟s Union Square at around 6:00 p.m. on March 11, 2011.1 The victim, Mariko Aida, was a Japanese foreign exchange student who returned to Japan before this case
1 Unless we state otherwise, all date references are to the 2011 calendar year.
1 went to trial. An edited transcript of Aida‟s preliminary hearing testimony, which she gave with the assistance of an interpreter, was admitted into evidence at Smith‟s trial. Aida testified that she was listening to music on her…