P. v. Shipley CA2/4
Appellant Willie T. Shipley, Jr. was charged and convicted of multiple counts of rape and other forms of sexual assault involving multiple victims. He contends his constitutional rights to due process and a fair trial and to confront his accusers were violated by the introduction of the preliminary hearing testimony of one victim and by the introduction of evidence of an uncharged sexual assault. He further contends the prosecution failed to establish that it exercised due diligence in attempting to locate the witness whose preliminary hearing testimony was read to the jury. He also contends the trial court abused its discretion in overruling his Evidence Code section 352 objection to the evidence of the uncharged crime. Respondent contends the court failed to impose certain mandatory assessments. We conclude that the evidence was properly admitted, modify the judgment to include the omitted assessments, and otherwise affirm.
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