California, United States of America
The following excerpt is from People v. Mockel, 226 Cal.App.3d 581, 276 Cal.Rptr. 559 (Cal. App. 1990):
We find no cases on point. However, in People v. Zikorus, supra, 150 Cal.App.3d at pages 333-334, 197 Cal.Rptr. 509, the court noted that although existing law allowed consideration of a victim statement without cross-examination and confrontation, there were important exceptions to the rule. The court noted in footnote 3 that ex parte communications by the prosecutor are prohibited and evidence offered in aggravation or mitigation of a state prison term must comply with section 1204. Thus at least one other court recognizes the distinction we suggest between victim statements and the evidence described in section 1204.
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