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PEOPLE v. CASTAIN

Docket No. 11775.

122 Cal.App.3d 138 (1981)

175 Cal. Rptr. 651

THE PEOPLE, Plaintiff and Respondent, v. DAVID MICHAEL CASTAIN, Defendant and Appellant.

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

July 17, 1981.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Victoria Sleeth, Deputy State Public Defender, and Geraldine Mele for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield, John W. Carney and Lillian L. Quon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (Gerald), P.J.

A jury convicted David Michael Castain of battery on a police officer (Pen. Code, §§ 242, 243) and resisting arrest (Pen. Code, § 148). He appeals the judgment (order granting probation).

At about 6:30 p.m. on November 12, 1978, San Diego Police Officer Robert Revak was patrolling in a marked police car. Two men in the front seat of...

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