PEOPLE v. BURCIAGA GARCIA

Docket No. 665.

15 Cal.App.4th Supp. 28 (1993)

19 Cal. Rptr.2d 831

THE PEOPLE, Plaintiff and Respondent, v. FRANK BURCIAGA GARCIA, Defendant and Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Sonoma.

April 1, 1993.


Attorney(s) appearing for the Case

COUNSEL

Annette Lombardi for Defendant and Appellant.

Gene L. Tunney, District Attorney, and Craig T. Brooks, Deputy District Attorney, for Plaintiff and Respondent.


OPINION

WATTERS, J.

In this case, appellant has placed before the court two issues on appeal:

Whether the jury trial held before Commissioner Theodore DeJung was unlawful because appellant never stipulated to allow a commissioner to preside over his trial.

Whether it was unlawful to exclude a necessary defense witness from giving exculpatory evidence for appellant during the trial.

I.

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