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PEOPLE v. GUTIERREZ

No. B122687.

92 Cal.Rptr.2d 626 (2000)

78 Cal.App.4th 170

The PEOPLE, Plaintiff and Respondent, v. Cipriano GUTIERREZ, Defendant and Appellant.

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

As Modified March 3, 2000.

Attorney(s) appearing for the Case

Law Offices of Allen G. Weinberg and Allen G. Weinberg, under appointment by the Court of Appeal, Santa Monica, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Brad D. Levenson and Theresa A. Cochrane, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

SCHNEIDER, J.**

I

INTRODUCTION

Defendant and appellant Cipriano Gutierrez was charged with one count of second degree robbery in violation of Penal Code section 211.1 It was further alleged that Gutierrez personally used a knife in the commission of the offense (§ 12022, subd. (b)(1)). It was also alleged Gutierrez...

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