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DIX v. SUPERIOR COURT

Docket No. S012342.

53 Cal.3d 442 (1991)

807 P.2d 1063

279 Cal. Rptr. 834

WILLIAM EDWARD DIX, Petitioner, v. THE SUPERIOR COURT OF HUMBOLT COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

Supreme Court of California.

April 18, 1991.

Attorney(s) appearing for the Case

COUNSEL

Bernard C. DePaoli for Petitioner.

No appearance for Respondent.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Steve White, Arnold O. Overoye and Richard B. Iglehart, Chief Assistant Attorneys General, John H. Sugiyama, Assistant Attorney General, Aileen Bunney, Laurence K. Sullivan, Morris Beatus and Enid A. Camps, Deputy Attorneys General, Fern M. Laetham, State Public Defender, and Philip M. Brooks, Deputy State Public Defender, for Real Parties in Interest.

OPINION

BAXTER, J.

Alan Dale Bradley was convicted of aggravated assault and sentenced to prison. Thereafter, the superior court invoked Penal Code section 1170, subdivision (d) (hereafter section 1170(d)),1 to recall Bradley's sentence. Petitioner William Edward Dix, the victim of Bradley's assault, sought mandate or prohibition to overturn the recall order and prevent substitution of a new sentence....

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