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PEOPLE v. MUNICIPAL COURT

Docket No. 10181.

14 Cal.App.3d 362 (1971)

92 Cal. Rptr. 248

THE PEOPLE, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE SAN DIEGO JUDICIAL DISTRICT OF SAN DIEGO COUNTY, Defendant and Respondent; FRANK MARTINEZ, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

January 14, 1971.

Attorney(s) appearing for the Case

COUNSEL

John W. Witt, City Attorney, J. David Franklin and Larry L. Marshall, Deputy City Attorneys, for Plaintiff and Appellant.

Bertram McLees, Jr., County Counsel, and Lloyd M. Harmon, Jr., Deputy County Counsel, for Defendant and Respondent.

No appearance for Real Party in Interest.

OPINION

AULT, J.

The People appeal from a judgment of the San Diego County Superior Court discharging an alternative writ and denying their petition for a peremptory writ of mandate. They sought the writ to compel the municipal court to vacate its order dismissing two misdemeanor counts charging real party in interest, Frank Martinez, with soliciting a lewd act (Pen. Code, § 647, subd. (a)). The municipal court ordered the dismissals...

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