P. v. Nguyen
A jury found defendant Hien Van Nguyen guilty of domestic battery with corporal injury (count 1), aggravated assault (count 2), assault with a firearm (count 3), and brandishing a deadly weapon (count 4). Defendant received a two-year prison sentence. The court imposed the low term of two years each for counts 1, 2, and 3, stayed the sentence on count 2, and ordered the sentence on count 3 to be served concurrent to count 1. As to count 4, the court ordered time served.
Defendant contends the judgment should be reversed because admission of the nontestifying victims statements violated his Sixth Amendment right to confront witnesses. (Crawford v. Washington (2004) 541 U.S. 36 [124 S.Ct. 1354, 158 L.Ed.2d 177 (Crawford).) Additionally, he argues these statements were not subject to the spontaneous statement exception to the hearsay rule. He further challenges the sufficiency of the evidence supporting the judgment. Finally, he asserts the court erred in failing to stay the sentence on counts 3 and 4 under Penal Code section 654 (section 654). Court agree the sentence on counts 3 and 4 should have been stayed. In all other respects, the judgment is affirmed.
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