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PEOPLE v. ALVAREZ

No. F036164.

115 Cal.Rptr.2d 515 (2002)

95 Cal.App.4th 403

The PEOPLE, Plaintiff and Respondent, v. Bernardino G. ALVAREZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

January 18, 2002.

Attorney(s) appearing for the Case

William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Carlos A. Martinez and Mathew Chan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WISEMAN, J.

Defendant pled no contest to assault and battery and was sentenced to a term of two years. On appeal, he contends the court erred in finding him statutorily ineligible for probation under Penal Code section 1203, subdivision (e)(2) because he did not personally use a deadly weapon. We agree, and remand for resentencing.

PROCEDURAL HISTORY

Defendant and Javier Lopez were charged by criminal complaint with assault...

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