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Name: Correa v. Superior Court
Case #: G027265
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/30/2000
Subsequent History: Petition for review GRANTED 1/24/01 (S093476)
Summary

A magistrate erred in admitting the testimony of police officers regarding the multiple hearsay statements of witnesses and a victim made through Spanish/English lay interpreters. Proposition 115 authorized an exception only to single-level hearsay from a properly trained investigating officer. The lay interpreter translating statements of witnesses in the field added a level of hearsay for which there was no legal exception. Further, the exception would not pass constitutional muster if expanded to include multiple hearsay where the defendant is deprived of the opportunity to cross-examine on the accuracy of the translated statements. Because the magistrate’s finding of probable cause was based entirely on the improper use of multiple hearsay, the trial court erred in denying petitioner’s motion made pursuant to Penal Code section 995, and the issuance of a writ of mandate was required.