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PEOPLE v. ELLIS

Docket No. 8508.

15 Cal.App.3d 66 (1971)

92 Cal. Rptr. 907

THE PEOPLE, Plaintiff and Appellant, v. NATHAN ELLIS, Defendant and Respondent.

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

February 5, 1971.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, Derald E. Granberg and Sanford Svetcov, Deputy Attorneys General, for Plaintiff and Appellant.

Edward T. Mancuso, Public Defender, Charles G. Warner, Ina Gyemant, Walter E. Frefts, Jr., Curtis L. Floyd and Frederick D. Smith, Deputy Public Defenders, for Defendant and Respondent.

OPINION

ELKINGTON, J.

This appeal by the People is taken from a superior court order setting aside (pursuant to Pen. Code, § 995) counts one, four, seven, and nine of a grand jury indictment returned against defendant Nathan Ellis. Each of the dismissed counts stated a charge of kidnaping for purpose of robbery, a violation of Penal Code section 209.

As relevant here Penal Code section 209 provides: "[A]ny person who...

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