When determining the substance of a prior conviction, can the entire record of conviction be considered?

When determining the substance of a prior conviction, "trier of fact may look to the entire record of conviction[.]" (People v. Reed (1996) 13 Cal.4th 217, 223, italics in original.) If they are otherwise admissible, preliminary hearing transcripts are part of this record, and "the procedural protections afforded the defendant during a preliminary hearing tend to ensure the reliability of such evidence." (Id. at p. 223.)

Here, there is no question the preliminary transcript in this case was admissible. While the document itself was hearsay, as was the law enforcement testimony within it, both instances of hearsay are subject to exceptions to the hearsay rule. First, the transcript itself is admissible as an official record. (Evid. Code, 1280; People v. Abarca (1991) 233 Cal.App.3d 1347, 1350.) Second, the officer's testimony was admissible hearsay as well, as he testified to an admission made by defendant himself, which is admissible as a party admission. (Evid. Code, 1220.) Accordingly, the portion of the preliminary hearing transcript used by the trial court was a properly admissible portion of the record of conviction, and the trial court was authorized to reference it when making a determination on defendant's eligibility for resentencing under Proposition 36.