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PEOPLE v. GONZALES

Docket No. A 6369.

235 Cal.App.2d Supp. 887 (1965)

46 Cal. Rptr. 301

THE PEOPLE, Plaintiff and Appellant, v. THOMAS COSTELLO GONZALES, Defendant and Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

July 15, 1965.

Attorney(s) appearing for the Case

Byron B. Gentry, City Prosecutor, for Plaintiff and Appellant.

James A. Gilbert for Defendant and Respondent.

THE COURT.

The People appeal from an order of dismissal under Penal Code section 1385 made by a municipal court on its own motion, whereby it dismissed a complaint charging a violation of Penal Code section 484 (petty theft) four days prior to the scheduled date set for trial in the absence of and without prior notice of its intended action to the city prosecutor.

The case was set for trial on April 26, 1965. On April 22, 1965, in open court with the clerk...

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