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PEOPLE v. GUTIERREZ

Docket No. B066651.

23 Cal.App.4th 1576 (1994)

28 Cal. Rptr.2d 897

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

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

April 1, 1994.

Attorney(s) appearing for the Case

COUNSEL

Catherine Fancher Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Mark E. Turchin and Paul C. Ament, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WOODS (Fred), J.

We disagree with People v. Santos (1990) 222 Cal.App.3d 723 [271 Cal.Rptr. 811] and hold that the intent required in the use of "force ... likely to produce great bodily injury" (Pen. Code, § 667.7, subd. (a)) is a general intent.

In a three-phase...

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