Does the description of a felony in a probation report constitute inadmissible hearsay?
California, United States of America
The following excerpt is from People v. Ortiz, H036150 (Cal. App. 2012):
7. In addition, the description of the offense in the felony affidavit was inadmissible hearsay. (Evid. Code, 1200, cf. People v. Reed, supra, 13 Cal. 4th at pp. 230-231 [description of offense in probation report was inadmissible hearsay]; cf. also Evid. Code 452.5 [admissibility of official record of conviction], 1280 [official record exception to the hearsay rule].)
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