PEOPLE v. ECCLESTON

No. A090567.

107 Cal.Rptr.2d 440 (2001)

89 Cal.App.4th 436

The PEOPLE, Plaintiff and Respondent, v. David John ECCLESTON, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

Review Denied August 22, 2001.


Attorney(s) appearing for the Case

Corinne S. Shulman, Hydesville, under appointment by the Court of Appeal, for Appellant.

Bill Lockyer, Attorney General of the State of California, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Ronald S. Matthias, Supervising Deputy Attorney General, Eric D. Share, Deputy Attorney General, for Respondent.


KAY, J.

Evidence Code Section 1360 establishes a procedure whereby evidence of a statement made by a victim under the age of 12 that would otherwise be treated as hearsay may be admitted in criminal prosecutions for specified sex offenses if (among other requirements) the trial court determines that "the time, content, and circumstances of the statement provide sufficient indicia of reliability." The issue presented...

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