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PEOPLE v. KAISER

Docket No. 19990.

113 Cal.App.3d 754 (1980)

170 Cal. Rptr. 62

THE PEOPLE, Plaintiff and Respondent, v. ERICK V. KAISER, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

November 24, 1980.

Attorney(s) appearing for the Case

COUNSEL

James A. Wattson, under appointment by the Court of Appeal, and Wattson & Gianelli for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and Tiffany Rystrom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MILLER, J.

Erick Kaiser appeals from a judgment of conviction entered on jury verdict finding him guilty of violating Penal Code section 245, subdivision (a) (assault with a deadly weapon), and Penal Code section 243.1 (battery on a custodial officer).

On April 15, 1978, at approximately 8 p.m., victim Loving had gone to Emby's market in search of his nephew. He found his nephew there and instructed him to ride his...

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