PEOPLE v. CROMER

No. S076444.

103 Cal.Rptr.2d 23 (2001)

24 Cal.4th 889

15 P.3d 243

The PEOPLE, Plaintiff and Respondent, v. Freddie Lee CROMER, Defendant and Appellant.

Supreme Court of California.

January 22, 2001.


Attorney(s) appearing for the Case

William D. Farber, under appointment by the Supreme Court, San Rafael, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Steven D. Matthews and Jennevee H. de Guzman, Deputy Attorneys General, for Plaintiff and Respondent.


KENNARD, J.

The confrontation clauses of both the federal and state Constitutions guarantee a criminal defendant the right to confront the prosecution's witnesses. (U.S. Const., 6th Amend.; Cal. Const, art. I, § 15.) That right is not absolute, however. An exception exists when a witness is unavailable and, at a previous court proceeding against the same defendant, has given testimony that was subject to cross-examination. Under federal constitutional law, such...

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