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IN RE GUTIERREZ

Docket No. B103860.

51 Cal.App.4th 1704 (1997)

In re ABRAHAM GUTIERREZ on Habeas Corpus.

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

January 15, 1997.

Attorney(s) appearing for the Case

COUNSEL

H. Russell Halpern, under appointment by the Court of Appeal, for Petitioner.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendlin Pollack, Assistant Attorney General, Linda C. Johnson and Alene M. Games, Deputy Attorneys General, for Respondent.

OPINION

JOHNSON, J.

In this habeas corpus proceeding petitioner asks this court to vacate his conviction for attempted murder after his subsequent prosecution for murder of the same victim and arising out of the same event resulted in three mistrials and a dismissal of all homicide charges. The prosecution filed the murder charges because the victim had died after petitioner's conviction for attempted murder. In an earlier opinion...

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