People v. Winson

Opinion

RICHARDSON, J.

A preliminary hearing transcript of a witness’ testimony in a defendant’s related criminal case is not a proper substitute *714for the live testimony of the witness at defendant’s probation revocation hearing in the absence of the declarant’s unavailability or other good cause.

We have reached the foregoing conclusion in reviewing the revocation of defendant’s probation imposed following his 1978 conviction of assault with a deadly weapon. Defendant was placed on formal probation for three years, the conditions of which included one year’s confinement in the county jail and…