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California Court of Appeal


People v. Upsher, D048845

Conviction and sentence for dissuading a witness with a prior conviction for the same offense, attempting to dissuade a witness, and battery on a spouse, cohabitant, or person with whom a defendant has or has had a dating relationship is reversed as to conviction for attempting to dissuade a witness as it is necessarily included in the greater offense of dissuading a witness with a prior conviction for the same offense.

Appellate Information

  • Decided 09/10/2007
  • Published 10/04/2007

Judges

  • O'ROURKE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent., Appellate Defenders, Inc., San Diego, CA, for Defendant and Appellant.
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