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PEOPLE v. LEE

No. B166204.

21 Cal.Rptr.3d 309 (2004)

The PEOPLE, Plaintiff and Respondent, v. Bobby Windell LEE, Defendant and Appellant.

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

Review Granted March 16, 2005.

Attorney(s) appearing for the Case

Susan Prochter Stone, under appointment by the Court of Appeal, Santa Barbara, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters, Supervising Deputy Attorney General, Laura J. Hartquist, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

GILBERT, P.J.

Shortly after defendant commits an assault with a deadly weapon, police officers tape record an interview with two witnesses to the crime. The witnesses' statements are damaging to the defendant. Under Crawford v. Washington (2004) 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177, the statements are testimonial hearsay and may not be received into...

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