P. v. Sekona CA2/7
A jury convicted Sekona of first degree premeditated murder following a shooting outside a restaurant in Inglewood. The jury also found true the allegations Sekona committed the crime to benefit a criminal street gang and personally and intentionally discharged a firearm causing death. Sekona argues the trial court violated his rights under the confrontation clause of the Sixth Amendment by admitting case-specific testimonial hearsay statements by the prosecution’s gang expert, the People may not retry the gang allegation under the double jeopardy clause because there was no substantial evidence to support the jury’s true finding on the gang allegation, and the trial court erroneously instructed the jury on the expert witness testimony in connection with the gang allegation. In a supplemental brief, Sekona argues recently enacted Senate Bill No. 620 requires remand for sentencing.
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