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PEOPLE v. MESA

Docket No. 3363.

265 Cal.App.2d 746 (1968)

71 Cal. Rptr. 594

THE PEOPLE, Plaintiff and Appellant, v. GILBERT ARNOLD MESA, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

September 16, 1968.

Attorney(s) appearing for the Case

Willard R. Pool, City Attorney, and Thomas E. Andrews, Deputy City Attorney, for Plaintiff and Appellant.

Frank L. Williams, Jr., Public Defender, and Kenneth D. Cook, Deputy Public Defender, for Defendant and Respondent.

McCABE, P.J.

Defendant was charged and convicted in a nonjury case of violation of Penal Code, section 647, subdivision (a). [1a] After the conviction, the trial court granted a new trial on the ground of insufficiency of the evidence to constitute a violation of Penal Code, section 647, subdivision (a). From this ruling the People appealed to the appellate department of the superior court upon an agreed settled statement of facts which states:

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