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GUTIERREZ v. SUPERIOR COURT

Docket No. B078255.

24 Cal.App.4th 153 (1994)

29 Cal. Rptr.2d 376

ABRAHAM GUTIERREZ, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

April 15, 1994.

Attorney(s) appearing for the Case

COUNSEL

H. Russell Halpern for Petitioner.

No appearance for Respondent.

Gil Garcetti, District Attorney, Patrick D. Moran and Brent Riggs, Deputy District Attorneys, for Real Party in Interest.

OPINION

LILLIE, P.J.

Petitioner, defendant in a criminal prosecution for murder of Sandra Zarate, challenges an order of the trial court barring him from litigating the issues of identity and intent on the ground that a prior final judgment of conviction for attempted murder of Zarate1 collaterally estops him from doing so, leaving for the jury only the issue of whether petitioner's shooting of Zarate...

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