Is a statement by a witness that is inconsistent with their testimony admissible to establish the truth of the matter?

" 'A statement by a witness that is inconsistent with his or her trial testimony is admissible to establish the truth of the matter asserted in the statement under the conditions set forth in Evidence Code sections 1235 and 770.' [Citation.]" (People v. Chism, supra, 58 Cal.4th at p. 1294.)¹² " 'The "fundamental requirement" of [Evidence

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Code] section 1235 is that the statement in fact be inconsistent with the witness's trial testimony.' [Citation.] ' "Inconsistency in effect, rather than contradiction in express terms, is the test for admitting a witness'[s] prior statement . . . ." ' [Citation.]" (People v. Cowan (2010) 50 Cal.4th 401, 462.)

Defense counsel elicited from Sanchez that in his testimony, Juan added things that he did not tell Sanchez. Based on Juan's testimony and the prosecutor's argument in response to defendant's mistrial motion, it is apparent Juan did not tell Sanchez that he learned of defendant's threat from his wife and nephew. Accordingly, there was at least some inconsistency, about which the parties were free to examine Juan. (People v. Cowan, supra, 50 Cal.4th at p. 463.)