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PEOPLE v. STANPHILL

No. C056038.

170 Cal.App.4th 61 (2009)

THE PEOPLE, Plaintiff and Respondent, v. BRENTON CLAY STANPHILL, Defendant and Appellant.

Court of Appeals of California, Third District.

January 14, 2009.

Attorney(s) appearing for the Case

Julia L. Bancroft, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette and Michael P. Farrell, Assistant Attorneys General, John G. McLean and Alison Elle Aleman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMS, Acting P. J. —

Defendant Brenton Clay Stanphill appeals from a judgment following revocation of probation (Pen. Code, § 1203.2) upon the trial court's finding that he participated in a gang-related battery (Pen. Code, §§ 242, 186.22) while incarcerated in jail as a condition of probation. The only evidence tying defendant to the battery was an unsworn hearsay statement of the victim to a law enforcement officer...

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