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PEOPLE v. HOLIFIELD

Docket No. A039389.

205 Cal.App.3d 993 (1988)

252 Cal. Rptr. 729

THE PEOPLE, Plaintiff and Respondent, v. MAXIE JOE HOLIFIELD, Defendant and Appellant.

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

November 4, 1988.

Attorney(s) appearing for the Case

COUNSEL

Kent A. Russell, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugujama, Assistant Attorney General, Gerald A. Engler and Herbert F. Wilkinson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SMITH, J.

Defendant Maxie Joe Holifield was convicted by jury of inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, charged as a felony) and sentenced to the middle term of three years in state prison.1 He appeals on void-for-vagueness, instructional and evidentiary grounds — all based on the issue of what constitutes "cohabiting" under the statute. We affirm.

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