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  5. 149 Cal.App.3d 213 (1983)
 

PEOPLE v. WHITSETT

Docket No. 6616.

149 Cal.App.3d 213 (1983)

196 Cal. Rptr. 647

THE PEOPLE, Plaintiff and Respondent, v. ROBERT B. WHITSETT, JR., Defendant and Appellant.

Court of Appeals of California, Fifth District.

November 23, 1983.

Attorney(s) appearing for the Case

COUNSEL

Cynthia S. Calvert, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Gregory W. Baugher, Nancy Sweet and Thomas Shigemoto, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (G.A.), P.J.

Appellant, Robert B. Whitsett, Jr., was charged with violation of Penal Code section 245, subdivision (b), assault with a deadly weapon or force likely to produce great bodily injury on a police officer. He was convicted of the lesser included offense of assault with a deadly weapon (Pen. Code, § 245, subd. (a)). The incident occurred on November 18, 1981. He appeals.

Penal Code section 28 was...

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