Can a defendant be found guilty based upon the testimony of an out-of-court witness?

Although the trial court gave the standard CALJIC No. 3.11 instruction ("A defendant cannot be found guilty based upon the testimony of an accomplice unless such testimony is corroborated by other evidence which tends to connect such defendant with the commission of the offense."), it refused defendant's request to further instruct that: "As used in this instruction, 'testimony' includes statements made out of court as well as statements made in court by an accomplice." Defendant contends this proposed addition was necessary because the prosecutor relied on accomplice Ontiveros's out-of-court statements to police, as well as on her in-court testimony. ³⁵ (See People v. Andrews

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