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Name: People v. Chenze
Case #: G027398
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/14/2002
Subsequent History: Rehg. denied 4/8/02. Rev. & depublication request denied 6/12/02.

Chenze was convicted of a felony for battery on a custodial officer under Penal Code section 243.1. On appeal, he argued that section 243.1 was impliedly repealed by an amendement to section 243 which provides that battery on a custodial officer is a misdemeanor, but is a wobbler if injury is inflicted. The appellate court here affirmed, finding that the two statutes were not in irreconcilable conflict and could, in fact, be harmonized. Further, the Legislature did not intend for section 243.1 to be repealed. Also, the specific-statute-prevails-over-general-statute principle could not be applied because it appeared the Legislature intended that prosecution under the general statute remain available in appropriate cases.