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PEOPLE v. SEIJAS

No. B160209.

9 Cal.Rptr.3d 826 (2004)

The PEOPLE, Plaintiff and Respondent, v. Larry SEIJAS, Defendant and Appellant.

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

As Modified on Denial of Rehearing March 24, 2004.

Review Granted May 19, 2004.

Attorney(s) appearing for the Case

Andrew Reed Flier for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Deborah J. Chuang and Jason C. Tran, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

JOHNSON, Acting P.J.

Following a jury trial defendant Larry Seijas was convicted of the second degree murder of Heriberto Salinas. Because we find the trial court committed prejudicial error in allowing the prosecution to introduce the critical preliminary hearing testimony of a witness erroneously found to be unavailable, we reverse.

FACTS AND PROCEEDINGS BELOW

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