The Court of Appeal held that the admission of the alleged victim’s conditional examination violated appellant’s Sixth Amendment confrontation rights because the prosecution failed to establish it exercised due diligence in securing the alleged victim’s presence at trial. In reaching this conclusion, the Court noted that there was no evidence before the trial court (other than the prosecution’s unsubstantiated claim) that the alleged victim, who was living in Guatemala, had no plans of returning to California and, more importantly, the record did not establish that the prosecutor made any efforts to procure the witness’s attendance at trial. The Court further held that the error was prejudicial to the battery conviction where respondent could not point to any other evidence to support that conviction.
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