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LEAMING v. MUNICIPAL COURT

Docket No. S.F. 23038.

12 Cal.3d 813 (1974)

528 P.2d 745

117 Cal. Rptr. 657

JACK LEAMING, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN JOSE-MILPITAS JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

November 22, 1974.

Attorney(s) appearing for the Case

COUNSEL

Shelton, Packard & Jay and Beth J. Jay for Petitioner.

Richard S. Buckley, Public Defender (Los Angeles), and Dennis A. Fischer, Deputy Public Defender, as Amici Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James and Doris H. Maier, Assistant Attorneys General, W. Eric Collins and Sanford Svetcov, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

CLARK, J.

Charged with indecent exposure in a felony complaint alleging three prior convictions of the same offense (Pen. Code, § 314),1 petitioner seeks a writ of prohibition to restrain respondent court from conducting a preliminary hearing. Petitioner contends that indecent exposure is a misdemeanor, regardless of prior convictions. He argues...

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