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PEOPLE v. JACINTO

No. A117076.

75 Cal.Rptr.3d 533 (2008)

162 Cal.App.4th 373

The PEOPLE, Plaintiff and Appellant, v. Armando Monter JACINTO, Defendant and Respondent.

Court of Appeal of California, First District, Division Five.

April 23, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Plaintiff and Appellant.

Matthew Zwerling, Stephanie Clark, First District Appellate Project, for Defendant and Respondent.

JONES, P.J.

In this case, a defense witness, incarcerated in county jail and facing deportation, was served with a subpoena requiring his personal appearance at trial. Upon completion of his sentence, the witness was immediately deported. Asserting a deprivation of constitutional rights under the Fifth, Sixth, and Fourteenth Amendments, defendant Armando Monter Jacinto (Jacinto) moved the trial court to dismiss an information charging him with attempted murder and...

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