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IN RE HEATHER H.

Docket No. H002230.

200 Cal.App.3d 91 (1988)

246 Cal. Rptr. 38

In re HEATHER H., a Person Coming Under the Juvenile Court Law. PEDRO SILVA, as Chief Probation Officer, etc., Plaintiff and Respondent, v. HEATHER H., Defendant and Appellant.

Court of Appeals of California, Sixth District.

April 11, 1988.

Attorney(s) appearing for the Case

COUNSEL

Ann Jory, under appointment by the Court of Appeal, for Defendant and Appellant.

Leo Himmelsbach, District Attorney, and Robert J. Masterson, Deputy District Attorney, for Plaintiff and Respondent.

OPINION

AGLIANO, P.J.

"Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law." (Evid. Code, § 710.) The trial court in this case placed substantial reliance for its decision on the testimony of a four-year-old witness who neither took an oath nor made any commitment to relate the truth prior to testifying. We are compelled, accordingly, to reverse.

The juvenile...

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