Orduno

In this case we hold that in a prosecution under Penal Code section 288 hearsay státements of a child too young to testify may be admitted into evidence if they come within the category of spontaneous declarations or recent complaints. We also hold that the admission of such evidence does not violate defendant’s constitutional right to confrontation.

Charged with child molestation (Pen. Code, § 288), defendant waived jury trial and submitted the matter for decision on the preliminary hearing transcript and portions of a police report. Defendant was found guilty as charged and was found not to be a mentally disordered sex offender. He was granted probation on condition he serve 120 days in county jail.

The victim of the offense was a child of three years nicknamed Scooter. On November 8, 1976, Scooter left her mother’s apartment at 3:30 p.m. wearing only panties. Together with three young boys who lived in the area, Scooter entered defendant’s apartment where the children watched cartoons on television. Defendant called the children into the bedroom and gave them each licorice. He told the three boys to leave. At about 3:35 p.m., Scooter’s mother went to look for her.…