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Legal Opinion

People v. Lopez

California Court of Appeal

Decided June 15, 1998No. B115397PublishedCited by 4 opinions

1Opinion of the Court

Opinion

GILBERT, J.

David Lopez was convicted after a court trial of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), battery with serious bodily injury (Pen. Code, § 243, subd. (d)) and unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)).

The sole contention on appeal is that the trial court erred in admitting the victim’s preliminary hearing testimony. (Evid. Code, § 1291.) Lopez argues that the victim was not unavailable as a witness because the prosecution failed to use reasonable diligence to procure her attendance. (Evid. Code, § 240, subd. (a)(5).) We…

2Cases cited9 opinions

  1. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  2. People v. PriceCalifornia Supreme Court · 1991
  3. People v. CummingsCalifornia Supreme Court · 1993
  4. People v. LeybaCalifornia Supreme Court · 1981
  5. People v. HoveyCalifornia Supreme Court · 1988

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. CromerCalifornia Supreme Court · 2001
  2. People v. CromerCalifornia Supreme Court · 2001
  3. People v. LopezCalifornia Court of Appeal · 1998
  4. People v. RoyalCalifornia Court of Appeal · 2019

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