The People of the State of California v. Tajh Abraham Hurley

San Bernardino, California criminal defense lawyer represented the Defendant charged with attempted, premeditated murder (§§ 664, 187, subd. (a); count 1) and assault with a firearm (§ 245, subd. (a)(1); count 2).



Pursuant to a negotiated plea agreement, defendant pled no contest to attempted murder without premeditation and deliberation (§§ 664, 187) and admitted that he personally used a firearm in his commission of the offense (§ 12022.53, subd. (b)). In return, as provided in the plea agreement, the court dismissed the remaining count and allegations, and the court sentenced defendant to 19 years of imprisonment. (Hurley, supra, E079223.)



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Legal issue Did the admission of a witness's prior inconsistent statements during a resentencing hearing violate the defendant's Sixth Amendment right to confrontation?



Key Phrases Resentencing petition Prior inconsistent statements Sixth Amendment right Feigned memory loss Confrontation clause

Affirmed