P. v. Zaragoza CA1/4
Appellant Rogelio Zaragoza (full name Rogelio Carlos-Zaragoza) (appellant) appeals from a sentence of 75 years to life in state prison imposed following his conviction by a jury of kidnapping to commit the rape of Jane Doe 3 (Pen. Code, § 209, subd. (b)(1)), forcible rape in concert against Jane Doe 3 (§ 264.1), assault by means likely to produce great bodily injury against Jane Doe 3 (§ 245, subd. (a)(1)), forcible rape in concert against Jane Doe 2 (§ 264.1), and forcible rape in concert against Jane Doe 1 (§ 264.1). The jury also found true as to each of the three rape in concert counts that the victims had been kidnapped for rape (§ 667.61, subds. (a) & (d)).
Appellant argues the trial court violated his Sixth Amendment right to confront witnesses by finding Jane Doe 3 unavailable within the meaning of Evidence Code section 240 and permitting her testimony from a prior trial to be read into evidence pursuant to Evidence Code section 1291, subdivision (a)(2). We hold th
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