P. v. Gutierrez
Antonio Lopez Gutierrez was convicted of misdemeanor assault (Pen. Code, 240) and misdemeanor battery ( 243, subd. (e)(1)). He appeals from a judgment that ordered him placed on informal probation for three years subject to conditions that included a term in local custody. Gutierrez argues he was denied a fair trial because the trial judge was not impartial. He also argues the assault conviction must be reversed because it is a necessary element of battery. Court agree only on the second point and so reverse the assault conviction.
Comments on P. v. Gutierrez