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Name: In re Daniel W.
Case #: E030941
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/10/2003
Subsequent History: Rev. denied 4/23/03.
Summary

Hearsay testimony that “Daniel put his pee-pee in my butt too hard” was admitted in appellant’s contested juvenile hearing on allegations of sodomy on a child under 14. The statement was made by the four year old victim to an examining physician. Appellant argued that the statements should not have been admitted. The appellate court here affirmed. The statements clearly fell into the statutory exception defined by Evidence Code section 1253, statements made for purposes of medical diagnosis or treatment. There was no reason to consider the statements unreliable, and no motive to lie was shown.