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PEOPLE v. MONTGOMERY

Docket No. A040214.

205 Cal.App.3d 1011 (1988)

252 Cal. Rptr. 779

THE PEOPLE, Plaintiff and Respondent, v. STEPHEN LOUIS MONTGOMERY, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

November 8, 1988.

Attorney(s) appearing for the Case

COUNSEL

Kathy M. Chavez, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Martin S. Kaye and Ronald S. Matthias, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

BARRY-DEAL, Acting P.J. —

I

(1a) We hold that the trial court erred under Evidence Code section 10421 when, without a proper hearing, it refused to strike portions of the testimony of a witness for the prosecution after the court upheld...

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