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PEOPLE v. MENDEZ

No. F052340.

75 Cal.Rptr.3d 162 (2008)

161 Cal.App.4th 1362

The PEOPLE, Plaintiff and Respondent, v. Robert MENDEZ et al., Defendants and Appellants.

Court of Appeal of California, Fifth District.

April 11, 2008.

Attorney(s) appearing for the Case

Jeffrey S. Kross, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant Robert Mendez.

Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant Anthony Perez.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Catherine G. Tennant, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

GOMES, J.

A jury found appellants Robert Mendez and Anthony Perez guilty of battery with infliction of serious bodily injury on a fellow inmate at the California Substance Abuse Treatment Facility in Corcoran. (Pen.Code, § 243, subd. (d).)1 The trial court found true the allegations that Mendez had five strike priors and that Perez had two,...

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