How have the courts treated a motion of appeal against a minor charged with assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from Michael L., In re, 151 Cal.App.3d 1052, 199 Cal.Rptr. 207 (Cal. App. 1984):

Appellant claims error in the lower court's (1) denial of his Hitch motion (People v. Hitch (1974) 12 Cal.3d 641, 117 Cal.Rptr. 9, 527 P.2d 361) based on failure of the prosecution to obtain and preserve videotape evidence of the robbery, (2) imposition of a one-year enhancement under Penal Code section 12022, subdivision (b), for use of a knife in the commission of the robbery where such use supplied the necessary "force or fear" required for robbery, and (3) admission of the robbery victim's identification of the minor, which assertedly was the product of an unduly suggestive photographic lineup.

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