P. v. Salinas
On April 13, 2005, California Highway Patrol Officer Chris Maselli arrested appellant for driving under the influence of a controlled substance, later determined to be methamphetamine. During the booking process, appellant made a threatening statement to Maselli. On the next day, appellant twice walked past Masellis house with his fists clenched and an angry look on his face. In an unrelated incident, appellant beat his sister into unconsciousness and broke her nose on November 25, 2004.
Appellant was convicted after jury trial of witness intimidation (count 1), stalking (count 2), resisting arrest (count 3), being under the influence of a controlled substance (count 4), driving while under the influence of alcohol or a drug (count 5), and assault by means likely to produce great bodily injury (count 6). (Pen. Code, 136.1, subd. (c)(1), 646.9, subd. (a), 148, 245, subd. (a)(1); Health & Saf. Code, 11550; Veh. Code, 21352, subd. (a).) The jury found true street gang enhancement allegations attached to counts 1 and 2 and a great bodily injury enhancement attached to count 6. ( 186.22, 12022.7.) Appellant admitted a prior strike and a prison prior. ( 667, subds. (b)(i), 1170.12, subd. (a), 667.5, subd. (b).)
Appellant was sentenced to an aggregate term of 51 years to life imprisonment.
Appellant argues that a gang experts testimony about the bases for his opinions that the South Side Locs are a criminal street gang and that appellant is a member of this gang constituted inadmissible testimonial hearsay in violation of Crawford v. Washington (2004) 541 U.S. 36 (Crawford). We disagree. People v. Thomas (2005) 130 Cal.App.4th 1202, 1210 (Thomas) rejected this contention; we agree with Thomass reasoning and result. Appellant also argues that his sentence on count 1 is unauthorized. Respondent concedes the sentencing error and court accept this concession as properly made. Thus, court affirm the convictions and remand for resentencing.
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