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STENBACK v. MUNICIPAL COURT

Docket No. 26122.

272 Cal.App.2d 27 (1969)

76 Cal. Rptr. 917

WILLIAM EUGENE STENBACK et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE SAN JOSE-MILPITAS-ALVISO JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

April 17, 1969.

Attorney(s) appearing for the Case

Thomas, James & Pendleton and Douglas M. Pendleton for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

Thomas C. Lynch, Attorney General, Robert R. Granucci and Horace Wheatley, Deputy Attorneys General, for Real Party in Interest and Respondent.

CHRISTIAN, J.

William Stenback and George Layton appeal from a judgment of the Santa Clara Superior Court denying their petition for a writ of mandamus. Appellants have been separately charged with unrelated violations of Vehicle Code section 23102 (drunk driving); no prior convictions were alleged in either complaint, although each appellant had previously suffered a conviction for drunk driving. Each moved in the municipal court to strike his prior conviction on...

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