Rodriguez

BACKGROUND

In 1994, Rodriguez was charged with several crimes, one of which was the murder of Jose Alvaro Salavia (§ 187, subd. (a)). Three witnesses, all police officers, testified at the preliminary hearing. One officer testified that during his investigation of Salavia’s death, he interviewed Rodriguez’s mother and uncle. The officer testified Rodriguez’s mother told him Rodriguez admitted to her that he killed Salavia. The officer testified that when he spoke with Rodriguez’s uncle, who was present at the scene of the shooting but did not see it, the uncle described the events leading up to and after the shooting and said that shortly after the shooting, Rodriguez said, “Damn, I shot him.” This hearsay was admissible at the preliminary hearing pursuant to section 872, subdivision (b).2 None of the other

Undesignated statutory references are to the Penal Code. As of the 1994 preliminary hearing, section 872, subdivision (b) provided in relevant part, “Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer relating the statements of declarants

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