Wimberly

Dispositive of this appeal are two related Proposition 115 preliminary hearing issues: (1) was the officer who testified to hearsay statements qualified to do so and (2) were those multiple hearsay statements admissible pursuant to Penal Code section 872, subdivision (b)? We conclude that under Whitman v. Superior Court (1991) 54 Cal.3d 1063 [ 2 Cal.Rptr.2d 160 , 820 P.2d 262 ] the officer was section 872, subdivision (b) qualified but the multiple hearsay statements he testified to were inadmissible. Accordingly, we affirm the order (§ 995) setting aside the information.

Factual and Procedural Background

The district attorney charged respondent with committing a July 9, 1990, residential burglary (§ 459; count I), and a contemporaneous grand theft (§ 487, subd. 1; count II). At the October 5, 1990, preliminary hearing the district attorney called a single witness, Detective Osman, a 12-year City of Monterey Park police officer.

Over objection, Detective Osman testified that the day after the burglary he did “a follow-up investigation,” namely, he talked to the victim, read the crime report, and talked to its author, Officer Yahn. Detective Osman further testified to…