Stanphill

Defendant Brenton Clay Stanphill appeals from a judgment following revocation of probation (Pen. Code, § 1203.2) upon the trial court’s finding that he participated in a gang-related battery (Pen. Code, §§ 242, 186.22) while incarcerated in jail as a condition of probation. The only evidence tying defendant to the battery was an unsworn hearsay statement of the victim to a law enforcement officer, identifying defendant’s photograph as portraying one of the assailants, which the court allowed as a spontaneous statement under Evidence Code section 1240. Defendant contends (1) the trial court abused its discretion in concluding the evidence was admissible as a spontaneous statement, and (2) defendant was denied his federal due process right to confront and cross-examine the adverse victim/witness at the probation revocation hearing. We shall conclude (1) the trial court did not abuse its discretion in ruling the victim’s statements qualified as spontaneous statements under section 1240; and (2) because the evidence was admissible as spontaneous statements, defendant’s due process confrontation right was satisfied, and no further inquiry was required. We shall affirm the…