Can an out-of-court statement be considered hearsay evidence?

exceptions, the court acted within its discretion in finding they did not apply. (People v. Waidla (2000) 22 Cal.4th 690, 725 [admissibility of hearsay evidence under state law reviewed for abuse of discretion].)

An out-of-court statement may be admissible if it "[i]s offered to explain, qualify, or make understandable conduct of the declarant" and "[w]as made while the declarant was engaged in such conduct." (Evid. Code, 1241.) This provision embodies the concept of "verbal acts," which allows the admission of a statement accompanying conduct "where it tends to explain or show the character, motive, purpose, or intent of the act or transaction in dispute." (People v. Frangadakis (1960) 184 Cal.App.2d 540, 549.)