P. v. Bahabla
A jury convicted defendant Merhani Teklemariam Bahabla of 11 sex offenses against four victims. The trial court sentenced defendant to an aggregate determinate term of 37 years, plus an indeterminate term of 75 years to life.
With regard to one victim, defendant contends: (1) that the trial court erred by finding the victim to be an unavailable witness and allowing her preliminary hearing testimony to be read to the jury; and (2) that the court erroneously admitted the tape of the victims 911 call because the call, or at least portions of it, was testimonial within the meaning of Davis v. Washington (2006) U.S. [126 S.Ct. 2266] (Davis) and Crawford v. Washington (2004) 541 U.S. 36 (Crawford).
With regard to two other victims, defendant contends: (3) there was insufficient evidence to support his conviction for raping one of the two victims; and (4) the trial court violated his right to cross-examine the two victims by refusing to allow defendant to impeach them with their prior convictions for petty theft.
With regard to the fourth victim, defendant contends: (5) that his sentence for one of the two crimes committed against the victim should be stayed pursuant to Penal Code section 654.
Court disagree with all of defendants contentions and affirm.
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