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PEOPLE v. HANEY

Docket No. 44308.

156 Cal.App.3d 109 (1984)

202 Cal. Rptr. 579

THE PEOPLE, Plaintiff and Appellant, v. BRUCE PATRICK HANEY, Defendant and Respondent.

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

May 21, 1984.

Attorney(s) appearing for the Case

COUNSEL

Robert H. Philibosian, District Attorney, Harry B. Sondheim and Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant. Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Howard Waco and Ronald B. Davey, Deputy Public Defenders, for Defendant and Respondent.

OPINION

THOMPSON, Acting P.J.

This appeal involves the proper interpretation of a 1981 amendment to Penal Code section 872.1 Subdivisions (b) and (c) of that statute allow the prosecutor, in certain instances, to use statements under penalty of perjury at the preliminary hearing, in lieu of the live testimony of a witness. However, subdivision (c) further provides: "If the defendant makes reasonable...

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