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PEOPLE v. SUPERIOR COURT

Docket No. S.F. 22592.

69 Cal.2d 491 (1968)

446 P.2d 138

72 Cal. Rptr. 330

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; LOVERD HOWARD, Real Party in Interest.

Supreme Court of California. In Bank.

October 31, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Edward P. O'Brien and Derald E. Granberg, Deputy Attorneys General, and Bruce B. Bales, District Attorney, for Petitioner.

No appearance for Respondent.

Jerome C. Durham, Public Defender, and Harold J. Truett, Deputy Public Defender, for Real Party in Interest.

PETERS, J.

The People petition for a writ of mandate to compel respondent superior court to vacate an order dismissing an information in the interests of justice. (Pen. Code, § 1385.) It is our opinion that mandate is not available for this purpose, and for this reason the petition must be denied.

The facts are as follows: The trial judge dismissed the information on his own motion after the jury had returned a verdict finding defendant, Loverd Howard...

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