If a witness has testified against the same defendant at a previous judicial proceeding, can the previous testimony be admitted at trial?

" 'A defendant has a constitutional right to confront witnesses, but this right is not absolute. If a witness is unavailable at trial and has testified at a previous judicial proceeding against the same defendant and was subject to cross-examination by that defendant, the previous testimony may be admitted at trial. [Citations.] The constitutional right to confront witnesses mandates that, before a witness can be found unavailable, the prosecution must "have made a good-faith effort to obtain his presence at trial." ' [Citation.] California law and federal constitutional requirements are the same in this regard. [Citation.] Moreover, for the prior testimony to be admissible, the defendant must have had the opportunity to cross-examine the witness at that hearing with an interest and motive similar to that which defendant has at the hearing at which the testimony is admitted. [Citations.]" (People v. Valencia (2008) 43 Cal.4th 268, 291-292 (Valencia); accord People v. Herrera (2010) 49 Cal.4th 613, 620-622 (Herrera); see Evid. Code, 240, subd. (a)(5) [witness is unavailable if the witness is absent from the hearing and the proponent of the witness's statement "has exercised reasonable diligence but has been unable to procure his or her attendance by the court's process"].)

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