P. v. Rojas CA6
A jury convicted defendant Arturo Garcia Rojas of four counts of oral copulation or sexual penetration with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b)) and one count of forcible lewd or lascivious conduct with a child under the age of 14 years (§ 288, subd. (b)(1)). The trial court sentenced defendant to a prison term of 60 years to life, consecutive to eight years. On appeal, defendant challenges the admission of the prosecution’s DNA expert’s testimony on confrontation clause and hearsay grounds. He also contends one of his convictions is not supported by substantial evidence and requests that the abstract of judgment be altered to correctly reflect his custody and conduct credits. We conclude the trial court prejudicially admitted hearsay evidence requiring reversal of defendant’s convictions. The People shall have the option to retry defendant on all counts, as we reject his sufficiency of the evidence claim.
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