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PEOPLE v. GUTIERREZ

Docket No. 4835.

132 Cal.App.3d 281 (1982)

183 Cal. Rptr. 31

THE PEOPLE, Plaintiff and Respondent, v. PEDRO JUAREZ GUTIERREZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

May 26, 1982.

Attorney(s) appearing for the Case

COUNSEL

J. Ethan Faust, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and Garrick W. Chock, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, Acting P.J.

Appellant stands convicted, after a jury trial, of two counts of selling heroin in violation of Health and Safety Code section 11352. On count two, appellant was also found to have sold more than one-half ounce of a substance containing heroin in violation of Penal Code section 1203.07, subdivision (a)(2); this section precludes the court from considering probation. Appellant was sentenced to state prison...

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