Thang Quy Tu v. Superior Court

Opinion

VOGEL, J.

The issue before us is whether hearsay testimony presented at the preliminary hearing in this case comports with the standards announced in Whitman v. Superior Court (1991) 54 Cal.3d 1063 [2 Cal.Rptr.2d 160, 820 P.2d 262], We hold that it does not.

Facts

Thang Quy Tu was charged with two counts of first degree murder with the use of a firearm and multiple-murder special circumstances were alleged. (Pen. Code, § 190.2, subd. (a)(3).) Two police officers, John Wong and Rick Peterson, testified at Tu’s preliminary hearing. The primary investigating officer, Detective Larry…