CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Writings
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Official Records
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Specific Applications
............Probation Reports
4 Cards On This Topic:
While a court may rely on hearsay in a sentencing proceeding if it is reliable, probation report was unreliable hearsay.
Probation report containing D's admissions is admissible under Evid. Code §1220 to prove D's prior felony conviction qualified as strike for 3 Strikes.
Error to admit probation and nontestifying experts' reports in MDO case; reports not covered by either business or official records hearsay exceptions.
Probation reports as official records.