P. v. Rakisits CA2/5
A jury found defendant Jeremy Rakisits guilty of second degree murder; the trial court imposed a sentence of 40 years to life. On appeal, defendant contends the trial court violated his rights under the Confrontation Clause when it admitted the dying victim’s testimonial statement to deputies. Defendant also argues remand is necessary to permit a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin) and to give the trial court the opportunity to exercise discretion under Penal Code section 12022.53, subdivision (h) to strike or dismiss the firearm enhancement.
As defendant concedes, our Supreme Court recognizes a victim’s dying declaration does not violate the Confrontation Clause. Defendant was afforded a sufficient opportunity at his sentencing hearing to make a record under Franklin, supra, 63 Cal.4th 261, so we do not remand for that purpose.
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