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PEOPLE v. SUPERIOR COURT (MITCHELL)

No. B220991.

184 Cal.App.4th 451 (2010)

109 Cal.Rptr.3d 207

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THOMAS JEROME MITCHELL, Real Party in Interest.

Court of Appeals of California, Second District, Division Two.

May 6, 2010.

Attorney(s) appearing for the Case

Steve Cooley, District Attorney, Irene Wakabayashi and Brentford J. Ferreira, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Michael P. Judge, Public Defender, Elizabeth Lashley-Haynes and Albert J. Menaster, Deputy Public Defenders, for Real Party in Interest.

OPINION

ASHMANN-GERST, J.—

In the underlying murder case against Thomas Jerome Mitchell (Mitchell), the trial court excluded multiple prosecution witnesses, dog scent evidence and gunshot residue evidence as a sanction for the People's failure to provide discovery. By way of writ petition, the People contend that the trial court exceeded its jurisdiction under Penal Code section 1054.5...

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