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PEOPLE v. LAINO

No. S103324

11 Cal.Rptr.3d 723 (2004)

87 P.3d 27

32 Cal.4th 878

The PEOPLE, Plaintiff and Appellant, v. James Leonard LAINO, Defendant and Respondent.

Supreme Court of California

Certiorari Denied October 4, 2004.

Attorney(s) appearing for the Case

Paul J. Pfingst and Bonnie M. Dumanis, District Attorneys, Charles E. Nickel, Thomas F. McArdle, Anthony Lovett and Josephine A. Kiernan, Deputy District Attorneys, for Plaintiff and Appellant.

Steven J. Carroll, Public Defender, Michael Begovich and Matthew C. Braner, Deputy Public Defenders, for Defendant and Respondent.

Certiorari Denied October 4, 2004. See 125 S.Ct. 146.

MORENO, J.

In 1992, defendant pleaded guilty in Arizona to an aggravated assault with a handgun against his wife. As a condition of probation, he successfully completed a domestic violence "diversion" program in Arizona, which resulted in a judgment of dismissal. He argues that the Arizona judgment of dismissal effectively negated his earlier guilty plea under Arizona law, precluding its use as a prior...

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