People v. Reed

Opinion

WERDEGAR, J.

This case concerns the admissibility of hearsay evidence to prove that a criminal defendant’s prior conviction was for a “serious felony” within the meaning of Penal Code sections 667, subdivision (a), and 1192.7, subdivision (c). Over defendant’s hearsay objection, the prosecution introduced two pieces of evidence from the record of defendant’s prior assault conviction to show that in the prior crime defendant personally used a dangerous or deadly weapon (Pen. Code, § 1192.7, subd, (c)(23)): portions of the preliminary hearing transcript and a short excerpt from the…