P. v. Bailey CA5
Just after midnight, on the morning of June 25, 2016, defendant Demetrius Frank Bailey, Jr., entered the house he shared with his girlfriend and fired four shots at his girlfriend’s daughter and the daughter’s boyfriend, wounding the boyfriend in the leg, hip, and abdomen. After threatening to shoot them if they reported the incident to police, defendant ordered the victims from the house and, as they walked down the street, again threatened them not to contact the police. A jury convicted defendant of attempted murder, criminal threats of great bodily harm (two counts), assault with a firearm (two counts), and dissuading a witness by force or threat (two counts). The trial court sentenced defendant to a total term of 302 years to life in prison pursuant to the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)).
Defendant contends on appeal (1) the trial court erred in admitting out-of-court statements as past recollection recorded where the witness was
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