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action affirmed alleged amendment appellant appellant's application attorney authority Board Cal.Rptr California cause charged church circumstances City Civil claim Code section commission committed conclusion concurring conduct considered constitutional contention conviction cost counsel County crimes criminal damages decision defendant defendant's denied determine dismissal effect error evidence fact failed filed finding further granted hearing held hold included instructions intent interest involved issue Judge judgment Judicial jury limited matter means minor motion notes notice offense officer operation opinion oral parties payment Penal Code period permit person petition petitioner plaintiffs plea police present prior proceeding prosecution question reasonable received record request residence Respondent result rule sentence specific statement statute subd subdivision substantial summary Superior Court supra term testified testimony tion trial court trust vehicle victim violation witness