What is the test for making a spontaneous statement under section 1240 of the Evidence Code?
California, United States of America
The following excerpt is from People v. Espinoza, B292621 (Cal. App. 2020):
These facts demonstrate that the trial court did not abuse its discretion in finding that the calls were admissible as spontaneous statements under Evidence Code section 1240.4 (See People v. Poggi (1988) 45 Cal.3d 306, 318 [applying abuse of discretion review standard].) A spontaneous statement is an utterance that purports to describe or to explain an act or condition perceived by the declarant and that is made while the
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