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Legal Opinion

People v. Alvarez

California Court of Appeal

Decided January 18, 2002No. F036164PublishedCited by 9 opinions

1Opinion of the Court

Opinion

WISEMAN, J.

Defendant pled no contest to assault and battery and was sentenced to a term of two years. On appeal, he contends the court erred in finding him statutorily ineligible for probation under Penal Code section 1203, subdivision (e)(2) because he did not personally use a deadly weapon. We agree, and remand for resentencing.

Procedural History

Defendant and Javier Lopez were charged by criminal complaint with assault with a deadly weapon (count 1; Pen. Code1, § 245, subd. (a)(1)) and battery with serious bodily injury (count 2; § 243, subd. (d)). The complaint further alleged on…

2Cases cited6 opinions

  1. People v. WalkerCalifornia Supreme Court · 1976
  2. People v. PerkinsCalifornia Supreme Court · 1951
  3. People v. RuizCalifornia Supreme Court · 1975
  4. People v. MannersCalifornia Court of Appeal · 1986
  5. People v. ManriquezCalifornia Court of Appeal · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. RobertsCalifornia Court of Appeal · 2011
  2. In Re Travis W.California Court of Appeal · 2003
  3. People v. Nuno, California Court of Appeal, 5th District2018
  4. People v. Travis W.California Court of Appeal · 2003
  5. People v. Luevano CA5California Court of Appeal · 2014

4 more not listed; retrieve them via the Exa API.

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