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PEOPLE v. RAMIREZ

No. B191377.

64 Cal.Rptr.3d 96 (2007)

153 Cal.App.4th 1422

The PEOPLE, Plaintiff and Respondent, v. Jose Manuel RAMIREZ, Defendant and Appellant.

Court of Appeal of California, Second District, Division Six.

August 6, 2007.

Attorney(s) appearing for the Case

Matthew Alger, under appointment by the Court of Appeal, Lawrence R. Young & Associates and Lawrence R. Young, Downey, for Defendant and Appellant.

Edmund G. Brown Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster, Supervising Deputy Attorney General, John Yang, Deputy Attorney General, for Plaintiff and Respondent.

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, 124 S.Ct. 1354, 158 L.Ed.2d 177, 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...

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