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PEOPLE v. DALLAS

No. E043786.

165 Cal.App.4th 940 (2008)

THE PEOPLE, Plaintiff and Respondent, v. THOMAS AVERY DALLAS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck, David Delgado-Rucci and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHLI, Acting P. J.

Defendant Thomas Avery Dallas phoned his girlfriend while she was out and told her that her nine-month-old son had been hurt. The next day, the baby was found to have two skull fractures. (Fortunately, he recovered fully, with no permanent injuries.) Defendant claimed that the girlfriend's older son had hit the baby in the head with a plastic toy airplane; there was considerable evidence, however, that this was not...

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