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PEOPLE v. VITAL

Docket No. B089440.

45 Cal.App.4th 441 (1996)

THE PEOPLE, Plaintiff and Respondent, v. DAVID ANTHONY VITAL, Defendant and Appellant.

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

April 16, 1996.

Attorney(s) appearing for the Case

COUNSEL

Jerry D. Whatley, 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, John R. Gorey and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

GILBERT, J.

David Anthony Vital was charged with one count of attempted first degree murder (Pen. Code, §§ 664, 187), one count of torture (§ 206) and one count of aggravated mayhem (§ 205).1 A jury found him guilty of one count of attempted manslaughter, one count of torture, as charged, and...

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