In Mills v. Superior Court (1986) 42 Cal. 3d 951, Justice Mosk, in a lead opinion, invalidated Penal Code section 872, subdivisions (b) and (c), "which authorized the admission at preliminary hearings of written statements in lieu of testimony of any witness who was not an eyewitness to or a victim of a crime against his person," as unconstitutional. ( Mills v. Superior Court, supra, 42 Cal. 3d at pp. 954, 959.) Under the statute, a finding of probable cause could be based in whole or in part on such hearsay evidence unless the accused initiated " 'reasonable efforts' " to secure attendance of the witness. ( Id. at pp. 954-955.) The lead opinion held the " 'reasonable efforts' " requirement inherently placed an unconstitutional burden on the rights of a defendant at a preliminary hearing. (Ibid.) Since the statute was invalid, the magistrate erred in admitting the hearsay affidavit of the victim-witness.