What is the test for admitting a hearsay statement in a criminal case?

As already discussed, the determination of whether the admission of a hearsay statement in a criminal case violates a defendant's rights under the confrontation clause "turns on whether the statement is testimonial." (People v. Garcia, supra, 168 Cal.App.4th at p. 291.) If the statement is not testimonial, it does not implicate the defendant's Sixth Amendment rights and "the issue is simply whether the statement is admissible under state law as an exception to the hearsay rule." (Ibid.) To be testimonial, an out-of-court statement must satisfy two requirements: (1) "the statement must be made with some degree of formality or solemnity," and (2) the "primary purpose" of the statement must "pertain[] in some fashion to a criminal prosecution." (Dungo, supra, 55 Cal.4th at p. 619.)