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TEERLINK v. MUNICIPAL COURT

Docket No. 30287.

25 Cal.App.3d 1138 (1972)

102 Cal. Rptr. 505

HEBER N. TEERLINK, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE PALO ALTO-MOUNTAIN VIEW JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

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

June 9, 1972.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward P. O'Brien, Robert R. Granucci and Sanford Svetcov, Deputy Attorneys General, for Real Party in Interest and Appellant.

Boccardo, Blum, Lull, Niland, Teerlink & Bell and Stanley A. Ibler, Jr., for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

ELKINGTON, J.

Heber N. Teerlink was charged in the municipal court with driving a vehicle while under the influence of intoxicating liquor, a violation of Vehicle Code section 23102. His trial resulted in a jury disagreement and declaration of a mistrial. He was not again brought to trial within 30 days thereafter. The municipal court denied his motion taken under Penal Code section 1382 to dismiss. On application for prohibition...

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