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PEOPLE v. LOFCHIE

No. B248383.

229 Cal.App.4th 240 (2014)

176 Cal. Rptr. 3d 579

THE PEOPLE, Plaintiff and Appellant, v. MICHAEL LOFCHIE, Defendant and Respondent.

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

August 27, 2014.

Attorney(s) appearing for the Case

Jackie Lacey , District Attorney, Phyllis C. Asayama and Mathew Brown , Deputy District Attorneys, for Plaintiff and Appellant.

Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, Gary S. Lincenberg and Benjamin D. Lichtman for Defendant and Respondent.

Crowel & Moring, J. Daniel Sharp ; University of California Los Angeles Office of Legal Affairs, Kevin S. Reed ; University of California Los Angeles Office of the General Counsel, Charles F. Robinson , Karen J. Petrulakis , Stephen P. Morrell , Mark Morodomi and Elizabeth C. Yap as Amici Curiae on behalf of Defendant and Respondent.

OPINION

CHAVEZ, J.—

The issue presented in this case is whether a University of California1 faculty member may be criminally prosecuted under Government Code section 10902 for participating in a decision to hire his wife as a program assistant for a four-week summer study abroad course. We conclude that he may not, and for...

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