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PEOPLE v. SUPERIOR COURT OF SOLANO CTY.

Docket Nos. 20365, 4078.

202 Cal.App.2d 850 (1962)

21 Cal. Rptr. 178

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; DUANE HOWARD KASPAREK, Real Party in Interest. THE PEOPLE, Plaintiff and Appellant, v. DUANE HOWARD KASPAREK, Defendant and Respondent.

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

April 26, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, John S. McInerny and Albert W. Harris, Jr., Deputy Attorneys General, for Petitioner, in Civ. No. 20365 and for Plaintiff and Appellant in Crim. No. 4078.

No appearance for Respondent in Civ. No. 20365.

Edmund Pahl for Real Party in Interest in Civ. No. 20365 and for Defendant and Respondent in Crim. No. 4078.

KAUFMAN, P.J.

The People present the same question, both by petition for writ of mandate in Civil No. 20365, and by appeal from an order dated September 18, 1961, dismissing the action against defendant, Duane Howard Kasparek, in Criminal No. 4078. On July 10, 1961, defendant was charged by information with petty theft, and with a prior conviction for petty theft in the Justice Court of Solano County in December, 1958.1 [1a]

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