California v. Malik
Annotate this CaseDefendant Adam Malik was convicted by jury of assault with a deadly weapon (Count 2) and making a criminal threat (Count 3). With respect to the latter count, the jury found defendant personally used a deadly or dangerous weapon. With respect to both, the jury found defendant personally inflicted great bodily injury on the victim. The trial court sentenced defendant to serve seven years in state prison. On appeal, defendant argued: (1) the trial court abused its discretion and violated his federal constitutional rights by allowing the prosecutor to cross-examine his expert witness, a psychologist who testified defendant suffered from post-traumatic stress disorder (PTSD), concerning her review of several police reports; and (2) the trial court violated Penal Code section 654 by imposing and executing sentence on both counts of conviction because these offenses were committed with the same intent and objective. The Court of Appeal affirmed, concluding that though the trial court abused its discretion and violated defendant’s confrontation rights by allowing the prosecutor to relate case-specific testimonial hearsay from the police reports to the jury during her cross-examination of the defense expert, the error was harmless. The Court rejected defendant’s claim the trial court was required to stay execution of sentence on the criminal threats conviction under section 654.
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