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PEOPLE v. NOEL

Nos. A099250, A099366, A099499, A109260.

28 Cal.Rptr.3d 369 (2005)

The PEOPLE, Plaintiff and Respondent, v. Robert NOEL, Defendant and Appellant. The People, Plaintiff and Appellant, v. Marjorie F. Knoller, Defendant and Respondent. In re Robert E. Noel, on Habeas Corpus.

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

As Modified May 6, 2005.

Review Granted July 27, 2005.

Attorney(s) appearing for the Case

Riordan & Horgan, and Dennis Patrick Riordan, Donald M. Horgan, San Francisco, Dylan Schaffer, by appointment of the Court of Appeal under the First District Appellate Project Independent Case System, for Appellant Knoller.

Clifford Gardner, San Francisco, by appointment of the Court of Appeal under the First District Appellate Project Independent Case System, for Appellant Noel.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Respondent.

Certified for Partial Publication.*

LAMBDEN, J.

Marjorie F. Knoller and Robert Noel (collectively, defendants) owned two Presa Canario dogs, Bane and Hera (collectively, the Presas),1 while living in an apartment building in San Francisco. The Presas mauled to death Diane Whipple, a neighbor living in an apartment down the hallway from the apartment of defendants. A grand jury returned an indictment...

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