California Court of Appeal March 3, 2000, B122687 (People v. Gutierrez)

Opinion

SCHNEIDER, J.

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I

Introduction

Defendant and appellant Cipriano Gutierrez was charged with one count of second degree robbery in violation of Penal Code section 211.

1

It was further alleged that Gutierrez personally used a knife in the commission of the offense (§ 12022, subd. (b)(1)). It was also alleged Gutierrez had been convicted of one serious or violent felony (§§ 1170.12, subds.