Can a defendant confront prosecution witnesses at trial without violating his right of confrontation?

California, United States of America

The following excerpt is from People v. Durazo, D070901 (Cal. App. 2017):

A criminal defendant has a constitutional right to confront prosecution witnesses, but the right is not absolute. (People v. Cromer (2001) 24 Cal.4th 889, 892 (Cromer).) "An exception exists when a witness is unavailable and, at a previous court proceeding against the same defendant, has given testimony that was subject to cross-examination." (Ibid.) We "independently review a trial court's determination that the prosecution's failed efforts to locate an absent witness are sufficient to justify an exception to the defendant's constitutionally guaranteed right of confrontation at trial." (Id. at p. 901.)
Under this due diligence exception, prior testimony of an unavailable witness may be admitted at trial without violating a defendant's rights of confrontation. (People v. Herrera (2010) 49 Cal.4th 613, 621; Evid. Code, 1291, subd. (a)(2).)³ "A witness who is absent from a trial is not 'unavailable' in the constitutional sense unless the prosecution

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