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CHERRY v. SUPERIOR COURT

No. B144293.

104 Cal.Rptr.2d 131 (2001)

86 Cal.App.4th 1296

Charles Darnell CHERRY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

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

Review Denied May 2, 2001.

Certiorari Denied October 1, 2001.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender of Los Angeles County, Albert J. Menaster, Baker Ostrin and Alex Ricciardulli, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Gil Garcetti and Stephen L. Cooley, District Attorneys of Los Angeles County, Patrick D. Moran and Brent Riggs, Deputy District Attorneys, for Real Party in Interest.

Certiorari Denied October 1, 2001. See 122 S.Ct. 125.

CURRY, J.

In our earlier opinion (B128324), this court found the evidence insufficient to support the trial court's finding that Charles Darnell Cherry had suffered a prior serious felony conviction for assault (Pen.Code, § 245, subd. (a)(1))1 which qualified as a strike under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). We reversed...

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