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PEOPLE v. WHITWORTH

No. H017022.

79 Cal.Rptr.2d 106 (1998)

The PEOPLE, Plaintiff and Respondent, v. Wayne Andrew WHITWORTH, Defendant and Appellant

Court of Appeals of California, Sixth District.

As Modified November 4, 1998.

Review Granted February 17, 1999.

Attorney(s) appearing for the Case

Paul Eleven, Berkeley, under appointment by the Sixth District Appellate Project for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Rene A. Chacon, Deputy Attorney General, for Plaintiff and Respondent.

BAMATTRE-MANOUKIAN, Associate Justice.

Defendant Wayne Andrew Whitworth appeals after conviction, by jury trial, of assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1))1 and battery upon a cohabitant (§§ 242, 243, subd. (e)). In a bifurcated proceeding, the jury found true the allegation that defendant had a prior felony conviction which qualified as a ...

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