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PEOPLE v. SANDOVAL

No. C030917.

105 Cal.Rptr.2d 504 (2001)

87 Cal.App.4th 1425

The PEOPLE, Plaintiff and Respondent, v. Hilario Larry SANDOVAL et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Review Denied July 11, 2001.

Attorney(s) appearing for the Case

Mark L. Christiansen, Granite Bay, under appointment by the Court of Appeal, for Defendant and Appellant Hilario Larry Sandoval.

Lynne S. Coffin, State Public Defender, under appointment by the Court of Appeal, Jeffrey J. Gale, Chief Assistant State Public Defender, and Leslie Evans, Deputy State Public Defender, for Defendant and Appellant Curley Carlisle.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, J. Robert Jibson, Supervising Deputy Attorney General, John A. O'Sullivan, Deputy Attorney General, for Plaintiff and Respondent.

NICHOLSON, J.

When a witness who testified at the preliminary hearing is unavailable to testify at trial, it is statutorily and constitutionally acceptable for the former testimony to be used at trial. (See Evid.Code, § 1291; Ohio v. Roberts (1980) 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597.) This case presents the question whether the prosecution, to establish the unavailability...

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