P. v. Preciado CA1/1
We are in the midst of an unprecedented global pandemic, requiring trial courts to implement safety measures to mitigate the potential spread of the COVID-19 virus. In this matter, as a precautionary measure, the trial court required everyone, including the witnesses, to wear masks. Defendant contends the trial court’s denial of his motion to require witnesses, as an alternative to opaque masks, to wear a clear face mask or a transparent face shield, violated his Sixth Amendment right to confrontation. Defendant also contends he is entitled to resentencing under Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567). We conclude defendant’s rights under the confrontation clause of the Sixth Amendment were not violated. However, the matter shall be remanded for resentencing.
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