What rights does a defendant have to confront the prosecution witnesses?

"A criminal defendant has the right, guaranteed by the confrontation clauses of both the federal and state Constitutions, to confront the prosecution's witnesses." (People v. Herrera (2010) 49 Cal.4th 613, 620.) " 'Traditionally, there has been "an exception to the confrontation requirement where a witness is unavailable and has given testimony at previous judicial proceedings against the same defendant [and] which was subject to cross-examination . . . ." ' " (Id. at p. 621) This exception is codified in Evidence Code section 1291, which provides that a witness's former testimony, such as preliminary hearing testimony, is admissible where the declarant is unavailable as a witness; the party against whom the former testimony is offered was a party to the prior action or proceeding involving the former testimony; and the party had the right and

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