California, United States of America
The following excerpt is from People v. Lasley, D066967 (Cal. App. 2015):
"We review a trial court's rulings on the admission and exclusion of evidence for abuse of discretion." (People v. Chism (2014) 58 Cal.4th 1266, 1291.) We may affirm the ruling as long as it is correct on any ground. (Id. at p. 1295, fn. 12.)
Subject to the provisions in Evidence Code sections 1235 and 770, a statement by a witness inconsistent with the witness's trial testimony is admissible to establish the truth of the matter asserted. (People v. Chism, supra, 58 Cal.4th at p. 1294.) Evidence Code section 1235 provides: "Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and is offered in compliance with [Evidence Code] Section 770."
"Evidence Code section 770 provides for the admission of a prior inconsistent statement of a witness where '[t]he witness was so examined while testifying as to give him an opportunity to explain or deny the statement . . . .' " (People v. Garcia (1990) 224 Cal.App.3d 297, 303.) "[T]he 'realistic opportunity' which must be afforded the witness to explain or deny the statements under [Evidence Code] section 770 requires reference to more than one of the following, 1) the people involved in the conversation, 2) its time and place, or 3) the specific statements that were made during it." (Id. at p. 304.)
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