Legal Opinion

People v. Ramirez

California Court of Appeal

Decided August 6, 2007No. B191377PublishedCited by 21 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

A testifying “gang expert” bases his opinion on hearsay. Here we hold the hearsay is not “testimonial” under Crawford v. Washington (2004) 541 U.S. 36 [158 L.Ed.2d 177, 124 S.Ct. 1354], and it is permissible for the jury to consider the truth of the hearsay in evaluating the expert’s opinion.

A jury convicted Jose Manuel Ramirez of robbery (Pen. Code, § 211), 1 assault with a firearm (§ 245, subd. (a)(2)), and three counts of attempted willful, deliberate and premeditated murder (§§ 664, 187, subd. (a)). The jury also found Ramirez committed each offense for the benefit…

2Cases cited3 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. People v. ThomasCalifornia Court of Appeal · 2005
  3. People v. Alexander L.California Court of Appeal · 2007

3Cited by21 opinions

  1. People v. HillCalifornia Court of Appeal · 2011
  2. People v. SisnerosCalifornia Court of Appeal · 2009
  3. The People v. ValadezCalifornia Court of Appeal · 2013
  4. People v. Blessett, California Court of Appeal, 5th District2018
  5. (HC) Lopez v. ShermanDistrict Court, E.D. California · 2019

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