PEOPLE v. DAVIS

Docket No. 33964.

94 Cal.App.3d 215 (1979)

156 Cal. Rptr. 395

THE PEOPLE, Plaintiff and Appellant, v. FRANK DAVIS, JR., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

June 18, 1979.


Attorney(s) appearing for the Case

COUNSEL

Burt Pines, City Attorney, Chris Westhoff, Kate Kaplan, Mark L. Brown, Laurie Harris and Rand Schrader, Deputy City Attorneys, for Plaintiff and Appellant.

John K. Van de Kamp, District Attorney (Los Angeles), and Harry B. Sondheim, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Stephan H. Leventhal for Defendant and Respondent.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer and Anita Susan Brenner, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Respondent.


OPINION

FILES, P.J.

This appeal was transferred here from the Appellate Department of the Los Angeles Superior Court under rule 62, California Rules of Court, to settle an important question of law: that is, in a criminal case may the People appeal from a pretrial order of the municipal court striking an allegation of prior conviction. (1) We have concluded that the order is appealable under Penal Code section 1466.<...

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