P. v. Mimms
On September 7, 2004, the Kings County District Attorney filed information No. 04CM7416 in superior court charging appellant with battery upon a peace officer while confined in state prison (Pen. Code, 4501.1, subd. (a)) (count 1), battery upon a nonconfined person ( 4501.5) (count 2), and alleging a prior serious or violent felony conviction as to both substantive counts ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). He appealed and this court reversed the judgment of conviction in case No. F047070.
Appellant was retried on an amended information essentially setting forth the same substantive counts and special allegations. A jury found him guilty of count 1, not guilty of count 2, and found the special allegation to be true. He appeals from the judgment of conviction upon retrial (case No. F050862). Court briefly outline the procedural history of the case, set forth the facts elicited upon retrial, and examine appellants contentions upon appeal from the judgment upon retrial. The judgment is affirmed.
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