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PEOPLE v. VAIZA

Docket No. 263.

244 Cal.App.2d 121 (1966)

52 Cal. Rptr. 733

THE PEOPLE, Plaintiff and Respondent, v. GILBERT VAIZA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

August 8, 1966.

Attorney(s) appearing for the Case

Foone Louie, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Raymond M. Momboisse, and Michael Buzzell, Deputy Attorneys General, for Plaintiff and Respondent.

CONLEY, P.J.

The defendant, Gilbert Vaiza, was charged with a felony, to-wit: assault with a deadly weapon upon a peace officer (Pen. Code, § 245, subd. (b)); he entered a plea of not guilty and was tried and convicted by a jury. After the denial of his application for probation, he was sentenced to state's prison.

With certain important differences, hereinafter discussed, the facts are recited with substantial...

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