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HARTMAN v. MUNICIPAL COURT

Docket No. 32244.

35 Cal.App.3d 891 (1973)

111 Cal. Rptr. 126

RUSSELL ANDREW HARTMAN, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE NORTHERN JUDICIAL DISTRICT OF SAN MATEO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

December 10, 1973.

Attorney(s) appearing for the Case

COUNSEL

John C. Herbert for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Karl S. Mayer and James M. Lee, Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

THE COURT.

Appellant was charged with misdemeanor drunk driving in violation of section 23102 of the Vehicle Code in a complaint which also charged a prior conviction of a violation of section 23102. Appellant moved to strike the prior conviction on constitutional grounds. The municipal court denied his motion. Appellant's petition for writ of mandate in the superior court was denied. He appeals.

Even prior to the...

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