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PEOPLE v. DALE

No. H024067.

130 Cal.Rptr.2d 530 (2003)

106 Cal.App.4th 194

The PEOPLE, Plaintiff and Appellant, v. Melvin Frederick DALE, Defendant and Respondent.

Court of Appeals of California, Sixth District.

Review Granted April 30, 2003.

Attorney(s) appearing for the Case

George W. Kennedy, Office of the District Attorney, Judith B. Sklar, Deputy District Attorney, for Plaintiff and Appellant.

Jose R. Villarreal, Office of the Public Defender, Barbara B. Fargo, Seth Flagsberg, and Ross McMahon, Deputy Public Defenders, for Defendant and Respondent.

PREMO, Acting P.J.

Defendant Melvin Frederick Dale pled no contest to possessing cocaine and being under the influence of a controlled substance. Thereafter, the court as trier of fact found "not true" the allegation that he suffered a "strike" prior in Alameda County in 1991. (Pen.Code, §§ 667, subds.(b)(i), 1170.12.)1 The court did not believe the victim's preliminary hearing testimony that defendant slashed at her with a bottle...

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