Is evidence of a previous statement not inadmissible under the hearsay rule?

Evidence Code section 1236 provides, "Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with Section 791." Evidence Code section 791 provides, "Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it is offered after: [] (a) Evidence of a statement made by him that is inconsistent with any part of his testimony at the hearing has been admitted for the purpose of attacking his credibility, and the statement was made before the alleged inconsistent statement; or [] (b) An express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen." We review the trial court's evidentiary ruling for an abuse of discretion. (People v. Guerra (2006) 37 Cal.4th 1067, 1113 (overruled on another point by People v. Rundle (2008) 43 Cal.4th 76, 151) ["'trial court' ruling will not be disturbed, and reversal of the judgment is not required, unless the trial court

Page 8

exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice"].)