Hollowell

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Petitioner seeks a writ of mandate directing the respondent court to grant his motion to set aside the information (Pen. Code, § 995), on the ground that improper hearsay testimony was admitted at his preliminary hearing.

Facts

In June, 1990, the voters enacted the “Crime Victims Justice Reform Act,” designated on the ballot as Proposition 115. One of the provisions of Proposition 115, codified as Penal Code section 872, subdivision (b), authorizes the admission of hearsay evidence at preliminary hearings in criminal cases, provided certain foundational requirements are met. Specifically, section 872, subdivision (b) provides that the magistrate’s “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 made out of court offered for the truth of the matter asserted. Any law enforcement officer testifying as to hearsay statements shall either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training which includes training in the investigation and reporting of cases and testifying at…