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PEOPLE v. PASTOR CRUZ

Docket No. B069321.

16 Cal.App.4th 322 (1993)

20 Cal. Rptr.2d 13

THE PEOPLE, Plaintiff and Appellant, v. ANTONIO PASTOR CRUZ et al., Defendants and Respondents.

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

May 19, 1993.

Attorney(s) appearing for the Case

COUNSEL

Gil Garcetti, District Attorney, Arnold T. Guminski and Diana L. Summerhayes, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Albert J. Menaster, Howard Waco and Alex Ricciardulli, Deputy Public Defenders, Fritzie Galliani, J. Anthony Bryan and Gary M. Mandinach for Defendants and Respondents.

OPINION

SOVEN, J.*

The People appeal from an order of dismissal in favor of defendants Antonio Pastor Cruz and Victor Pastor Cruz. The trial court dismissed the case because the police negligently lost a knife allegedly used in the charged crime of assault with a deadly weapon, to wit, a knife. We reverse.

FACTS

The facts appear to be generally undisputed. A quarrel arose between defendants...

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