P. v. Salinas 1/12/07 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F49017

Case Date: 03/28/2007

Preview:Filed 1/12/07

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F049017 Plaintiff and Respondent, (Super. Ct. No. DF007337A) v. RICKY J. SALINAS, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Kern County. Sidney P. Chapin and Stephen P. Gildner, Judges. Burton R. Loehr, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

Pursuant to California Rules of Court, rule 8.1110 (former rule 976.1, this opinion is certified for publication with the exception of parts II, III, IV, and V of the Discussion.

*

INTRODUCTION In Crawford v. Washington (2004) 541 U.S. 36, at p. 68, the United States Supreme Court held the admission of testimonial out-of-court statements is barred by the confrontation clause of the Sixth Amendment unless the witness is unavailable and the defendant had a prior opportunity to cross-examine the witness. The defendant in this case challenges the admission of evidence that rocks seized from him contained methamphetamine. The evidence came in through the testimony of a supervising criminalist who reviewed the report of another laboratory employee, who did not testify. We hold that admission of this evidence does not violate the Crawford decision since the laboratory report is not testimonial; it was not offered as a substitute for live testimony; and the defendant had a full opportunity to cross-examine the supervising criminalist. In the unpublished portion of this opinion, we conclude there were no instructional errors and that no additional records are relevant to defendant's excess force claims. The judgment is affirmed. PROCEDURAL HISTORY Appellant Ricky J. Salinas was convicted by jury of possessing methamphetamine (Health & Saf. Code,

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