People v. Waldecker

Opinion

SABRAW, J.

Defendant Carl Waldecker appeals from a judgment of conviction of first degree burglary (Pen. Code, § 459) and attempted robbery (Pen. Code, § 459) following a trial by jury. We first hold that the preliminary hearing testimony of the victim was properly admitted at trial. Based upon the Supreme Court’s recent decision in People v. Collins (1986) 42 Cal.3d 378 [228 Cal.Rptr. 899, 722 P.2d 173], we next hold that the judgment must be reversed and the matter must be remanded for further proceedings because of Castro error. Finally, we hold that defendant’s sentence was…