The codefendant’s hearsay statement implicating defendant, contained within a preliminary hearing transcript, was properly admitted at defendant’s PC 1172.6 evidentiary hearing. While the preliminary hearing court did not explicitly find the codefendant unavailable, and the statement was admitted via an officer testifying pursuant to PC 872(b), it qualified as a declaration against interest (EC 1230) and therefore was admissible at the defendant’s evidentiary hearing under PC 1172.6(d)(3). While the trial court likely erred by also admitting a full recording of codefendant’s statement not admitted at the preliminary hearing, any error was harmless given that substantial admissible evidence supported the denial of the petition.
