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PEOPLE v. GUTIERREZ

Docket No. B005690.

171 Cal.App.3d 944 (1985)

217 Cal. Rptr. 616

THE PEOPLE, Plaintiff and Respondent, v. MANUEL VINCENT GUTIERREZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

August 30, 1985.

Attorney(s) appearing for the Case

COUNSEL

Robert McMahon, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Cullather and Alison Braun, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CANTER, J.*

Defendant, Manuel Vincent Gutierrez, was convicted by a jury of wilful and unlawful infliction of corporal injury upon his wife resulting in a traumatic condition (Pen. Code, § 273.5).1 He waived his right to jury trial as to alleged prior convictions, challenging their constitutionality. After trial by the court, the priors were found to be true and...

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