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PEOPLE v. WINSON

Docket No. Crim. 21675.

29 Cal.3d 711 (1981)

631 P.2d 55

175 Cal. Rptr. 621

THE PEOPLE, Plaintiff and Respondent, v. RICHARD SHIRES WINSON, JR., Defendant and Appellant.

Supreme Court of California.

July 23, 1981.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Elaine A. Alexander, Chief Assistant State Public Defender, and Andrew Freeman, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Michael D. Wellington, Alan S. Meth and Steven H. Zeigen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHARDSON, J.

A preliminary hearing transcript of a witness' testimony in a defendant's related criminal case is not a proper substitute for the live testimony of the witness at defendant's probation revocation hearing in the absence of the declarant's unavailability or other good cause.

We have reached the foregoing conclusion in reviewing the revocation of defendant's...

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