California, United States of America
The following excerpt is from People v. Smith, E060611 (Cal. App. 2015):
offered in compliance with [Evidence Code] Section 770." (Evid. Code, 1235.) Evidence Code section 770 requires that, prior to an inconsistent statement being admitted, the witness be given an opportunity to explain or deny the statement, or that the witness be subject to being recalled as a witness. "'The "fundamental requirement" of [Evidence Code] section 1235 is that the statement in fact be inconsistent with the witness's trial testimony.' [Citation.]" (People v. Cowan (2010) 50 Cal.4th 401, 462.) We review the trial court's ruling for an abuse of discretion. (People v. Jones (2013) 57 Cal.4th 899, 956.)
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