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PEOPLE v. BORAGNO

Docket Nos. F013523, F014771.

232 Cal.App.3d 378 (1991)

283 Cal. Rptr. 452

THE PEOPLE, Plaintiff and Respondent, v. DAVID ALLEN BORAGNO, Defendant and Appellant. In re DAVID ALLEN BORAGNO on Habeas Corpus.

Court of Appeals of California, Fifth District.

July 17, 1991.

Attorney(s) appearing for the Case

COUNSEL

Eric M. Weaver, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Edgar A. Kerry and Jane Olmos, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.†]

OPINION

MARTIN, Acting P.J.

David Allen Boragno, appellant, was charged with assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1).1 It was further alleged that appellant used a deadly weapon within the meaning of section 12022, subdivision (b), later amended to allege subdivision...

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