What is the test for admitting and considering hearsay evidence at a probation revocation hearing?

California, United States of America


The following excerpt is from People v. Larry Z. (In re Larry Z.), C084897 (Cal. App. 2018):

As relevant here, section 777, subdivision (c) provides that the court "may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown [(1989)] 215 Cal.App.3d [452] and any other relevant provision of law." The prosecution must prove the alleged violation by a preponderance of evidence. (Rule 5.580(e)(2).) "We review rulings on whether hearsay was improperly admitted at a violation hearing for abuse of discretion." (People v. Abrams (2007) 158 Cal.App.4th 396, 400 (Abrams); People v. Brown, supra, 215 Cal.App.3d at pp. 454-455 (Brown).)

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