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PEOPLE v. GUTIERREZ

No. C034224.

112 Cal.Rptr.2d 568 (2002)

93 Cal.App.4th 15

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

Court of Appeals of California, Third District.

Review Denied January 3, 2002.

Attorney(s) appearing for the Case

John F. Schuck, under appointment by the Court of Appeal, San Jose, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Acting Senior Assistant Attorney General, John G. McLean and Carlos A. Martinez, Supervising Deputy Attorneys General, and Julia Bancroft, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION ON REHEARING

CALLAHAN, J.

A jury convicted defendant of second degree robbery (Pen.Code, § 211; undesignated section references are to this code) and false imprisonment by violence (§ 236) and found that he was armed with a firearm during the commission of the offenses (§ 12022, subd. (a)(1)). In bifurcated proceedings, the court found that defendant had...

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