State v. Jefferson

The opinion of the court was delivered by

Beier, J.;

The State petitions for our review of the Court of Appeals’ reversal of defendant Anthony Jefferson’s conviction of aggravated battery. We examine one issue: Whether a refusal to testify by State witness Jesse Villa made him unavailable, thus permitting admission of his preliminary hearing testimony at Jefferson’s trial.

Factual and Procedural Background

Jesse Gomez awoke early on February 1, 2004, to the sound of yelling and then a gunshot. A few moments later, there was a knock at his door. Jesse Villa, Gomez’ neighbor, was standing on Gomez’…