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PEOPLE v. SUPERIOR COURT

Docket No. 11315.

26 Cal.App.3d 668 (1972)

102 Cal. Rptr. 925

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; REBECCA BOUGAINVILLIA MONTANO, Real Party in Interest.

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

July 10, 1972.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Terry J. Knoepp and Edward L. Ramsey, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

E. Hodge Crabtree for Real Party in Interest.

OPINION

BROWN (Gerald), P.J.

(1a) The People petition for mandate after the superior court dismissed a prosecution "in the furtherance of justice" under Penal Code section 1385, asserting as grounds for the writ the dismissal was an abuse of discretion and in excess of the court's statutory powers. We agree.

A jury found Rebecca Montano guilty of possessing dangerous drugs (Health & Saf. Code, § 11910...

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