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Name: People v. Dale
Case #: H024067
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/13/2003
Subsequent History: Rev. granted 4/30/03: S114527

The People could not appeal the trial court’s order finding not true an allegation that appellant had suffered a prior serious felony conviction in which he used a deadly or dangerous weapon during an assault (Pen. Code, sec. 245, subd.(a)(1)). The court reviewed the victim’s preliminary hearing testimony given 11 years earlier, and found her not credible in claiming appellant had slashed at her with a broken bottle in light of her vague testimony and admitted ingestion of large quantities of alcohol. Penal Code section 1238 did not authorize the appeal.