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PEOPLE v. LOPEZ

No. B115397.

76 Cal.Rptr.2d 38 (1998)

64 Cal.App.4th 1122

The PEOPLE, Plaintiff and Respondent, v. David LOPEZ, Defendant and Appellant.

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

Review Denied September 23, 1998.

Attorney(s) appearing for the Case

Patrick J. Reardon, Santa Paula, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Robert F. Katz, Supervising Deputy Attorney General, Thomas C. Hsieh, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, Associate Justice.

David Lopez was convicted after a court trial of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), battery with serious bodily injury (Pen.Code, § 243, subd. (d)) and unlawful driving or taking of a vehicle (Veh.Code, § 10851, subd. (a)).

The sole contention on appeal is that the trial court erred in admitting the victim's preliminary hearing testimony. (Evid.Code, § 1291.) Lopez argues that the...

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