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PEOPLE v. HATCH

Nos. B112071, B112073.

78 Cal.Rptr.2d 737 (1998)

The PEOPLE, Plaintiff and Appellant, v. Daniel William HATCH, Defendant and Respondent. In re Daniel William Hatch, on Habeas Corpus.

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

As Modified on Denial of Rehearing October 21, 1998.

Review Granted January 20, 1999.

Attorney(s) appearing for the Case

Gil Garcetti, District Attorney, Brent Riggs and Diana L. Summerhayes, Deputy District Attorneys, for Plaintiff and Appellant.

John J. Reed, Long Beach, and Eliseo D.W. Gauna, Van Nuys, under appointments by the Court of Appeal, for Defendant and Respondent.

CHARLES S. VOGEL, Presiding Justice.

INTRODUCTION

These consolidated appeals by the People arise out of their prosecution of defendant Daniel William Hatch for committing various sexual offenses on Doratee L. The first trial resulted in a deadlocked jury. The trial court declared a mistrial. After the prosecutor essentially stated she had no new significant evidence to introduce at a second trial, the court, pursuant to Penal Code section 1385,

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