What is the case law on the admissibility of evidence under section 288.1 of the Evidence Code?

Appellant argues that the age of the evidence alone renders it unreliable. He relies on principles developed in cases involving the admissibility of uncharged offenses on the issue of guilt or innocence under Evidence Code sections 352 and 1101 and on the admissibility of prior convictions for impeachment purposes. The reasoning of those cases does not necessarily apply to the sentencing hearing where different considerations are at play. The sentencing court is authorized to consider a much broader range of material than that allowed at trial on the issue of guilt or innocence. (People v. Zikorus (1983) 150 Cal.App.3d 324, 333.) In addition to age, appellant points to the fact that the statements and testimony were not made under oath or subject to cross-examination. None of the cited factors, however, makes the evidence inherently unreliable. Appellant had notice that the letters and statements would be submitted. Indeed, he asked the court to strike and not consider such evidence. Appellant, himself, presented numerous character reference letters and several witnesses. There can be no question about the reliability of the basic charges made by these two other victims. The psychological reports prepared pursuant to section 288.1 contain references to admissions made by appellant of his improper conduct with them, as well as with other piano students.