California Court of Appeal

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PEOPLE v. DALE, H024067

The People's appeal, contending that the judge "erred as a matter of law in reweighing the evidence and judging the credibility of the victim who was not before him" and in substituting his judgment for that of the magistrate at the preliminary hearing, is dismissed where the People's appeal is not authorized by Pen. Code section 1238.

Appellate Information

  • Decided 02/13/2003
  • Published 02/13/2003

Judges

  • PREMO, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • George W. Kennedy,Office of the District Attorney, Judith B. Sklar, Deputy District Attorney, for Plaintiff and Appellant.

  • For Appellees:
  • Jose R. Villarreal, Office of the Public Defender, Barbara B. Fargo, Seth Flagsberg, and Ross McMahon, Deputy Public Defenders, for Defendant and Respondent.
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