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PEOPLE v. PEREZ

Docket No. A029503.

182 Cal.App.3d 567 (1985)

221 Cal. Rptr. 403

THE PEOPLE, Plaintiff and Respondent, v. DAVID PEREZ, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

December 27, 1985.

Attorney(s) appearing for the Case

COUNSEL

John P. Ward, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, and Robert R. Granucci, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

KING, J.

In this case we hold that a plea of guilty to aggravated assault (Pen. Code, § 245, subd. (a)) with great bodily injury (Pen. Code, § 12022.7) did not invoke the lesser punishment for felony battery (Pen. Code, § 243, subd. (d)).

David Perez appeals from the sentencing provisions of an order revoking probation. The court sentenced him to the middle term of three years for aggravated assault...

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