California, United States of America
The following excerpt is from People v. Jones, E070079 (Cal. App. 2020):
Unless otherwise provided, all relevant evidence is admissible. ( 351.) Absent an exception, out-of-court statements offered for their truth are inadmissible hearsay. ( 1200, subds. (a)-(b).) "Evidence Code section 1238 establishes an exception to the hearsay rule for a statement that identifies a party or other person as a participant in a crime or other occurrence, 'if the statement would have been admissible if made by [the witness] while testifying . . . .' The statute requires that the statement have been made when the crime was fresh in the witness's memory, and that 'the evidence of the statement is offered after the witness testifies that he [or she] made the identification and that it was a true reflection of his [or her] opinion at that time.' (Evid. Code, 1238.)" (People v. Redd (2010) 48 Cal.4th 691, 728.)
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