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PEOPLE v. AVILA

No. B174888.

31 Cal.Rptr.3d 441 (2005)

131 Cal.App.4th 163

The PEOPLE, Plaintiff and Respondent, v. Jaime AVILA, Defendant and Appellant.

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

July 20, 2005.

Attorney(s) appearing for the Case

Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Joseph P. Lee, Chung L. Mar and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.

RUBIN, Acting P.J.

Jaime Avila appeals from the judgment following his convictions of assaulting two police officers with a semi-automatic firearm and of being a felon in possession of a gun. Because the court improperly permitted the People to use former trial testimony of a witness, we reverse and remand for retrial.

FACTS AND PROCEDURAL HISTORY

Around 8:30 p.m. on February 1, 2003, Los Angeles Police Officers Brett Clark and Ben Perez were working...

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