People v. Haney

Opinion

THOMPSON, Acting P. J.

This appeal involves the proper interpretation of a 1981 amendment to Penal Code section 872. Subdivisions (b) and (c) of that statute allow the prosecutor, in certain instances, to use statements under penalty of perjury at the preliminary hearing, in lieu of the live testimony of a witness. However, subdivision (c) further provides: “If the defendant makes reasonable efforts to secure the attendance of the witness but is unsuccessful . . . the court shall grant a short continuance at the request of the defendant and shall require the prosecuting attorney to…