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MAGALLAN v. SUPERIOR COURT

No. H034892.

192 Cal.App.4th 1444 (2011)

ARNULFO MAGALLAN, Petitioner, v. THE SUPERIOR COURT OF MONTEREY COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Sixth District.

February 24, 2011.

Attorney(s) appearing for the Case

James S. Egar , Public Defender, and Donald Earl Landis , Assistant Public Defender, for Petitioner.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan and Seth K. Schalit , Deputy Attorneys General, for Real Party in Interest.

Mary Greenwood , Public Defender, and Michael Ogul , Deputy Public Defender, for Santa Clara County Public Defender as Amicus Curiae.

Jeff Adachi , Public Defender, Teresa Caffese , Chief Attorney, and Dorothy Bischoff , Deputy Public Defender, for Public Defender of the City and County of San Francisco as Amicus Curiae.

Sanger & Swysen, Stephen K. Dunkle and John T. Philipsborn , for California Attorneys for Criminal Justice as Amicus Curiae.

W. Scott Thorpe ; and Doug MacMaster , Deputy District Attorney, for California District Attorneys Association as Amicus Curiae.

OPINION

MIHARA, J.—

Petitioner Arnulfo Magallan was charged by complaint with a felony. He filed a suppression motion in advance of the preliminary examination. Magallan then filed a discovery motion seeking material related to his suppression motion, which the prosecutor had refused to provide. The magistrate granted his discovery motion. The prosecution filed a writ petition in the superior court challenging the magistrate's order on...

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