P. v. Walker CA1/3
A jury convicted defendant Joseph Walker of unlawful possession of a firearm and found gang enhancement allegations under Penal Code section 186.22, subdivision (b)(1) to be true. The trial court struck the sentence for the gang enhancement but did not strike the enhancement. On appeal, Walker challenges the gang enhancement as unsupported by sufficient evidence. He argues the court erred by admitting improper hearsay in violation of the Sixth Amendment’s confrontation clause and admitting prejudicial gang-related evidence. Based on the California Supreme Court’s recent ruling in United States v. Sanchez (2016) 63 Cal.4th 665, much of the expert testimony derived from the expert’s review of police reports or communications with other officers was improper hearsay. Because the remaining admissible evidence was inadequate to prove the scienter element of the gang enhancement beyond a reasonable doubt, we reverse.
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