In Re Daniel W.

On July 23, 2001, a juvenile wardship petition was filed against Daniel W., age 17, under Welfare and Institutions Code section 602. The petition alleged that Daniel had committed sodomy with a person under the age of 14 years and more than 10 years younger than defendant, in violation of Penal Code section 286, subdivision (c)(1). The petition further alleged Daniel had committed a lewd and lascivious act on a child under the age of 14, in violation of Penal Code section 288, subdivision (a).

After a contested jurisdictional hearing, the allegations were found to be true. After a contested dispositional hearing, Daniel was placed in the California Youth Authority for eight years.

Daniel appeals, contending that use of the minor victim’s hearsay statements against him violated his due process and confrontation rights.

Facts

On July 20, 2001, Daniel’s mother was living in Lone Pine. Her sister and three of the sister’s children were visiting Daniel’s mother. One of the children, Chad, who was age four at the time, was the molestation victim. Daniel was also visiting his mother. He normally resided in Nebraska with his grandmother and was a ward of the court in…