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ESTEYBAR v. MUNICIPAL COURT

Docket No. L.A. 29822.

5 Cal.3d 119 (1971)

485 P.2d 1140

95 Cal. Rptr. 524

DOLORES MANTES ESTEYBAR, Petitioner, v. THE MUNICIPAL COURT FOR THE LONG BEACH JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

June 22, 1971.

Attorney(s) appearing for the Case

COUNSEL

Wise, Kilpatrick & Clayton and George E. Wise for Petitioner.

John D. Maharg, County Counsel, and Douglas C. Miller, Deputy County Counsel, for Respondent.

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and Russell Iungerich, Deputy Attorney General, for Real Party in Interest.

OPINION

WRIGHT, C.J.

In this case of first impression we are called upon to decide whether a magistrate, pursuant to Penal Code section 17, subdivision (b)(5),1 may determine that an offense is a misdemeanor without first obtaining the consent of the prosecuting attorney. Since a prosecutor may not be vested with authority to foreclose the exercise of a judicial power, we have concluded that requiring...

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