People v. Busch

(Modified upon denial of rehearing 1/13/21.) Defendant, after bench trial, was convicted of 2 counts of domestic battery. Court erred by improperly admitting hearsay statements made by the alleged victim who did not testify at trial. Victim's statements to 911 operator, and testimony of employee of homeless shelter about victim's statements, were not excited utterance, because victim spoke to several people before she made the statements to the operator. Court erred in finding that victim was unavailable to testify based solely on evidence that she was serviced with process but failed to appear at trial. Court should have conducted a more thorough inquiry as to why victim was not at trial. (McLAREN and BRIDGES, concurring.)