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PEOPLE v. CHAPPLE

No. A110076.

41 Cal.Rptr.3d 680 (2006)

138 Cal.App.4th 540

The PEOPLE, Plaintiff and Appellant, v. Horace William CHAPPLE, Defendant and Respondent.

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

As Modified April 12, 2006.

Attorney(s) appearing for the Case

Thomas Wallace, San Francisco Destrict Attorney's Office, Office of the Attorney General, San Francisco, CA, for Plaintiff-Appellant.

L. Richard Braucher, First District Appellate Project, San Francisco, CA, for Defendant-Respondent.

SIMONS, J.

The trial court granted a motion by defendant Horace William Chapple (respondent) to set aside the information (Pen.Code,1 § 995) charging him with possession of body armor by a felon (§ 12370, subd. (a)) (hereafter § 12370(a)), on the ground that opinion evidence offered by a police officer was inadmissible, and, as a consequence, there was insufficient evidence that the item the police seized was body armor...

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