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PEOPLE v. SUPERIOR COURT (HAMILTON)

Docket No. F014127.

230 Cal.App.3d 1592 (1991)

281 Cal. Rptr. 900

THE PEOPLE, Plaintiff and Appellant, v. THE SUPERIOR COURT OF KINGS COUNTY, Respondent; EUGENE HAMILTON, Real Party in Interest and Respondent.

Court of Appeals of California, Fifth District.

June 6, 1991.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, Morris Lenk and Paul D. Gifford, Deputy Attorneys General, for Plaintiff and Appellant.

No appearance for Respondent Superior Court.

Michael Satris, under appointment by the Court of Appeal, for Real Party in Interest and Respondent.

OPINION

BEST, P.J. —

STATEMENT OF THE CASE AND FACTS

Real party in interest and respondent, Eugene Hamilton, a state prisoner, was charged with "battery on a correctional peace officer." Officer R. Ortiz prepared a rules violation report (CDC form 115) charging this offense after Hamilton repeatedly poked Officer Ortiz and then hit the officer on the chest. Correctional...

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