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PEOPLE v. KIRK

Docket No. B061114.

7 Cal.App.4th 855 (1992)

9 Cal. Rptr.2d 270

THE PEOPLE, Plaintiff and Appellant, v. BRENT CURTIS KIRK, Defendant and Respondent.

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

June 24, 1992.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Donald J. Kaplan and Brent Riggs, Deputy District Attorneys, for Plaintiff and Appellant.

James K. Hahn, City Attorney (Los Angeles), Debbie Lew and Candice I. Ochi, Deputy City Attorneys, as Amici Curiae on behalf of Plaintiff and Appellant.

John Michael Covas for Defendant and Respondent.

OPINION

HINZ, J. —

INTRODUCTION

Following a pretrial ruling to strike a prior conviction alleged against the defendant as constitutionally invalid, the People seek to appeal this ruling before a judgment of conviction. We find that the People may appeal the order, but remand the case to the appellate department of the superior court for review of the inferior court's ruling.

An amended misdemeanor complaint...

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