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Name: People v. Perez
Case #: D056301
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/19/2011
Summary

Certified copies of documents maintained in the custody of penal institutions, a “prison packet” are not testimonial in nature and their introduction without cross-examination of the custodian of records does not violate the right of confrontation. Prison packets were introduced over the defense objection that their admission violated the confrontation clause of the Sixth Amendment. They proved various strikes, serious prior conviction enhancements, and prior prison term enhancements. Melendez-Diaz v. Massachusetts (2009) __U.S.__ [129 S.Ct. 2527, 2532] approved of the kind of authenticating affidavit used with prison records. The records are outside the scope of the Sixth Amendment because they were prepared as records for the prison entity and not for the purpose of proving some fact at trial.
Penal Code section 1202.4 fines may only be imposed once at the time of conviction. A restitution fine of $200 and the matching probation revocation fine of $200 under Penal Code section 1202.44 were imposed at the time probation was granted. When probation was later revoked, the sentencing court imposed the amount of $600 for both fines. The fines were reduced to $200 based on the statutory requirement. (See People v. Chambers (1998) 65 Cal.App.4th 819, 822.)
It is error to impose the five-year enhancement for a serious prior conviction pursuant to Penal Code section 667, subdivision (a) and a stayed one-year enhancement pursuant to Penal Code section 667.5, subdivision (b). The one-year enhancement had to be stricken. (See People v. Jones (1993) 5 Cal.4th 1142, 1150-1153.)