P. v. Brito CA2/5
A jury convicted defendant, Jose Luis Brito, of permitting a person to carry a loaded firearm in a vehicle. (Pen. Code, § 26100, subd. (a).) The jury found true an allegation the offense was committed for the benefit of a criminal street gang. (§ 186.22, subd. (d).) The jury acquitted defendant of a crime alleged to have occurred on an earlier date, assault with a semiautomatic firearm. (§ 245, subd. (b).) Defendant was sentenced to two years in state prison. Because testimonial hearsay was erroneously admitted, and because this federal constitutional confrontation clause error was not harmless beyond a reasonable doubt, we reverse the judgment.
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