Can an inconsistent statement by a witness be used to attack the credibility of a witness?

We first note that appellant forfeited his claim that the challenged evidence was admissible under Evidence Code section 1202 by failing to raise it before the trial court. (People v. Saunders (1993) 5 Cal.4th 580, 590.) In any event, we conclude that Evidence Code section 1202 does not apply.

Pursuant to Evidence Code section 1202, "Evidence of a statement or other conduct by a declarant that is inconsistent with a statement by such declarant received in evidence as hearsay evidence is not inadmissible for the purpose of attacking the credibility of the declarant though he is not given and has not had an opportunity to explain or to deny such inconsistent statement or other conduct." Thus, under Evidence Code section 1202, when a hearsay statement by a declarant who is not a witness is admitted into evidence by the prosecution, an inconsistent hearsay statement by the same person offered by the defense is admissible to attack the declarant's credibility. (People v. Corella (2004) 122 Cal.App.4th 461, 470.)