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PEOPLE v. McDOUGAL

No. A097446.

135 Cal.Rptr.2d 160 (2003)

109 Cal.App.4th 571

The PEOPLE, Plaintiff and Appellant, v. Larry Joe McDOUGAL, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

Review Denied September 24, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Julie A. Hokans, Deputy Attorney General, for Appellant.

Kimiko Burton, Public Defender, Gabriel Bassan, Deputy Public Defender, for Respondent.

STEIN, Acting P.J.

The People appeal from a judgment dismissing charges of murder and attempted murder against Larry Joe McDougal on grounds of once in jeopardy. Finding legal necessity for the discharge of the jury, we reverse.

FACTS

In the early evening of October 31, 1998, Delbert Block got into a fight with Zeid Mahjoub, who was working at a grocery store on the 900 block of Geary Boulevard in San Francisco. Mahjoub or another employee apparently...

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