Does a defendant have the right to confront the prosecution witness during a criminal proceeding?

A criminal defendant has the right, guaranteed by the confrontation clauses of both the federal and state Constitutions, to confront the prosecution's witnesses. (People v. Herrera (2010) 49 Cal.4th 613, 620.) However, there is an exception to the confrontation requirement where a witness is unavailable and has given testimony at previous judicial proceedings against the same defendant [and] was subject to cross-examination.' (Id. at p. 621.) California codifies this exception in Evidence Code section 1291, subdivision (a), which provides that former testimony, such as preliminary hearing testimony, does not constitute inadmissible hearsay if the declarant is unavailable as a witness, ^[3] and [t]he party against whom the former testimony is offered was a party to the action or proceeding in which the testimony was given and had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which he has at the hearing (id., subd. (a)(2)).