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Name: People v. Roberto V.
Case #: B142127
District 2 DCA
Division: 3
Citation: 93 Cal.App.4th 1350

Evidence Code section 1360 permits the admission of hearsay statements of certain child abuse victims, provided that the child is unavailable as a witness and the proponent of the evidence gives advance notice of intent to use the hearsay. Here, neither the notice requirements nor the unavailability requirements were met, and thus the statements of the child victim, as testified to by her mother, should not have been admitted. Moreover, because there was an insufficient showing that the statements were reliable, their admission violated the federal constitutional right to confrontation.

Opinion Date: 11/28/2001