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action affirmed alleged amended appellant application arrest attempted attorney authority Board Cal.Rptr California cause charged circumstances City claim Code section committed compensation conclude conduct constitutional contends continued conviction counsel County crime criminal decision defendant defendant's denied determine district duty easement effect employees established evidence existence fact failed felony filed further granted hearing held imposed injury instructions intent interest involved issue judge judgment jury limitations meaning minor motion noted notice offense officer opinion party Penal period person petition plaintiff police present prior Procedure proceedings prosecution pursuant question reasonable received record request Respondent result Rptr rule sentence showing specific statement statute statutory subd subdivision substantial sufficient summary Superior Court supra Supreme Court term tion Torts trial court trust United vehicle violation witness