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PEOPLE v. FLORES

No. F055859.

176 Cal.App.4th 633 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JOSE ANGEL FLORES, Defendant and Appellant.

Court of Appeals of California, Fifth District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Gretchen Franklin, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, R. Todd Marshall and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORNELL, J.—

A jury convicted Jose Angel Flores of violating Penal Code sections 4501.1 (battery by gassing),1 4501.5 (battery by a prisoner on a nonprisoner), and 69 (interfering with a peace officer in the performance of his duties). Flores argues reversal is required because the trial occurred before his Pitchess2 motion was heard. We conclude that Flores waived...

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