Daily

I. Introduction

The People of the State of California appeal from the dismissal of the information pursuant to Penal Code section 995. This appeal raises the issue as to whether the hearsay declarations of the six-year-old victim, Andrew T., who was not competent to testify at the preliminary examination, are sufficient to support the magistrate’s determination to hold defendant, Robert Lee Daily, to answer on a charge of child molestation. (§ 288.) Defendant argues that the minor was not found to be competent to testify. Hence, defendant argues the minor’s hearsay declarations, which were related to a detective, were not admissible pursuant to section 872, subdivision (b). We reject defendant’s contention in this regard. We conclude the preliminary hearing magistrate did not abuse his discretion in admitting the minor’s hearsay declarations and hence reverse the dismissal order of the superior court.

II. Factual and Procedural Matters

At the commencement of the preliminary hearing, the six-year-old victim, Andrew T., was called to testify. The minor was asked a series of questions, some of which he was unable to respond to in the presence of defendant. The questions…