PEOPLE v. GUESS
Admission of unavailable witness' preliminary hearing testimony did not violate Confrontation Clause where defense counsel had adequate opportunity for cross-examination, even if such cross-examination was hindered because discovery materials were turned over so late as to preclude complete preparation. Defense counsel's lack of objection to admission of police reports containing victim's hearsay statements did not constitute ineffective assistance where counsel made a reasonable tactical decision to use the reports to attack credibility of victim, who did not testify at trial and thus could not rebut the attack. Imposition of upper term sentence based on defendant's admission of having been placed on parole violated federal constitutional right to trial by jury, as such admission was not the equivalent of admitting a prior conviction, which would have been a proper basis for such sentence.
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