P. v. Gibbings
A jury convicted defendant Roger Bryan Gibbings of the unauthorized possession of materials to make a destructive device (Pen. Code, 1231 count 1; unspecified section references that follow are to the Penal Code), and the unlawful possession of a destructive device. ( 1230 count 2.) The jury was unable to reach a verdict on a charge of conspiracy to possess or explode a destructive device with the intent to injure a person or destroy property ( 182, 12303.3), and that count was subsequently dismissed. The trial court sentenced defendant to an aggregate prison term of two years.
On appeal, defendant contends that the trial court erred in (1) admitting defendants statements to investigators into evidence, (2) admitting out of court testimonial evidence in violation of Crawford v. Washington (2004) 541 U.S. 36 [158 L.Ed.2d 177] (Crawford), (3) denying his motion for acquittal on count 1, and (4) refusing to disclose juror identifying information. Court conclude no reversible error occurred, and therefore affirm the judgment.
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