People v. Orduno

Opinion

GARDNER, P. J.—

In this case we hold that in a prosecution under Penal Code section 288 hearsay státements of a child too young to testify may be admitted into evidence if they come within the category of spontaneous declarations or recent complaints. We also hold that the admission of such evidence does not violate defendant’s constitutional right to confrontation.

Charged with child molestation (Pen. Code, § 288), defendant waived jury trial and submitted the matter for decision on the preliminary hearing transcript and portions of a police report. Defendant was found guilty as charged…