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PEOPLE v. WINTERS

No. D036533.

113 Cal.Rptr.2d 158 (2001)

93 Cal.App.4th 273

The PEOPLE, Plaintiff and Appellant, v. Otis WINTERS, Jr., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

Review Denied January 23, 2002.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney; Thomas F. McArdle, and Richard J. Sachs, Deputy District Attorneys, for Plaintiff and Appellant.

Koryn & Koryn and Sylvia Koryn, under appointment by the Court of Appeal, San Diego, for Defendant and Respondent.

McINTYRE, J.

A person violates Penal Code section 245, subdivision (a)(1) (hereafter section 245(a)(1)) by "committing] an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury...." (All statutory references are to the Penal Code unless otherwise specified.) The issue presented in this case is whether a prior section 245(a)(1) conviction for an assault not involving...

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