P. v. Vasquez CA6
A jury convicted defendant Jimmy Sanchez Vasquez of sex offenses involving three minor victims. The trial court imposed a 32-years-to-life prison term. On appeal, defendant challenges the adequacy of his Miranda warnings, the trial court’s denial of his motion to sever the charges involving one of the victims, the admission of testimony he contends was inadmissible hearsay, and the trial court’s refusal to instruct on the defense of unconsciousness. He also raises a cumulative error claim and requests that we review one of the victim’s confidential school records, to which the trial court denied him access following an in camera review, to determine whether that denial was erroneous. We conclude that the court erroneously admitted hearsay evidence, an error that was harmless as to counts 1 through 5, but prejudicial as to counts 6 and 7. Accordingly, we reverse the judgment and remand for possible retrial of counts 6 and 7 and for resentencing.
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