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People v. Flores, No. F055859

By FindLaw Staff on August 12, 2009 | Last updated on March 21, 2019

Conviction for battery by gassing is reversed and remanded where battery by gassing is a necessarily included offense of battery by a prisoner on a nonprisoner, and thus defendant should not have been convicted of battery by gassing once the jury found him guilty of battery by a prisoner on a nonprisoner. 

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Appellate Information
APPEAL from a judgment of the Superior Court of Kern County. Gary A. Ingle, Judge.
Filed August 11, 2009

Opinion by CORNELL, J.

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

For Defendant: Gretchen Franklin, under appointment by the Court of Appeal.


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