California Court of Appeal May 22, 1985, D001358 (People v. Ogen)

Opinion

WORK, Acting P. J .

Hasan Ogen appeals a judgment convicting him of murder (Pen. Code,

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§ 187) and finding he personally used a firearm (§ 12022.5). Ogen argues the murder victim’s preliminary hearing testi

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mony, given against him during prosecution for an earlier assault and rape, should not be excepted from the hearsay rule; and the jury was misinstructed on the concurrence of act