P. v. Tucek 1/7/08 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F049306A

Case Date: 03/13/2008

Preview:Filed 1/7/08 P. v. Tucek CA5 Opinion following remand by Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL WAYNE TUCEK, Defendant and Appellant.

F049306 (Super. Ct. No. SCR005088)

OPINION

APPEAL from a judgment of the Superior Court of Madera County. Charles A. Wieland, Judge. Ross Thomas, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Stanley Cross, Acting Assistant Attorney General, and Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant, Michael Wayne Tucek, was convicted of assault with the infliction of great bodily injury on a person who was at least 70 years of age. (Pen. Code,1

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