P. v. Gonzalez
Enrique Gonzalez appeals his convictions for assault with a semiautomatic firearm (Pen. Code, 245, subd. (b)), discharge of a firearm with gross negligence ( 246.3), carrying a loaded firearm with a prior misdemeanor conviction ( 12031, subds. (a)(1) & (a)(2)(A)), second degree robbery ( 211), and exhibiting a firearm in public ( 417, subd. (a)(2)). The jury found true allegations that he personally used a firearm in the assault ( 12022.5), and in the robbery ( 12022.53, subd. (b)). Gonzalez contends that admission into evidence of hearsay portions of a videotaped police interrogation violated his right to a fair trial. He also challenges the imposition of an upper term sentence based on aggravating factors that were not found true by the jury. Court affirm the judgment, but remand for resentencing.
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