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Legal Opinion

People v. Davis

California Court of Appeal

Decided June 18, 1979No. Crim. 33964PublishedCited by 16 opinions

1Opinion of the Court

Opinion

FILES, P. J.

This appeal was transferred here from the Appellate Department of the Los Angeles Superior Court under rule 62, California Rules of Court, to settle an important question of law: that is, in a criminal case may the People appeal from a pretrial order of the municipal court striking an allegation of prior conviction. (1) We have concluded that the order is appealable under Penal Code section 1466.

The complaint charged in count I that, on July 14, 1977, defendant drove a motor vehicle under the influence of intoxicating liquor in violation of Vehicle Code section 23102, and…

2Cases cited14 opinions

  1. People v. OrinCalifornia Supreme Court · 1975
  2. People v. BurkeCalifornia Supreme Court · 1956
  3. People v. ValentiCalifornia Supreme Court · 1957
  4. Mills v. Municipal CourtCalifornia Supreme Court · 1973
  5. People v. DrakeCalifornia Supreme Court · 1977

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

3Cited by16 opinions

  1. People v. EspinozaCalifornia Court of Appeal · 1979
  2. In Re RogersCalifornia Supreme Court · 1980
  3. People v. WeathingtonCalifornia Court of Appeal · 1991
  4. People v. BookerCalifornia Court of Appeal · 1994
  5. People v. SotoCalifornia Court of Appeal · 1996

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

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