P. v. Murphy CA3
A jury found defendant Tyrone Murphy guilty of numerous felonies, including assault with a firearm and infliction of corporal injury resulting in a traumatic condition on his wife, J.M., and found true the allegation that defendant personally used a firearm. The trial court subsequently sentenced defendant to an aggregate term of 15 years eight months in state prison.
On appeal, defendant contends the trial court erred in admitting at trial the preliminary hearing testimony of his victim, J.M., as well as her earlier statements to law enforcement. In support of his contention, defendant argues the People failed to establish their due diligence in attempting to secure J.M.’s presence at trial. He also argues admission of J.M.’s preliminary hearing testimony and earlier statements to law enforcement violated his Sixth Amendment right to confrontation and his constitutional rights to due process and a fair trial.
We conclude the trial court properly admitted the evidence an
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