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HARVEY v. SUPERIOR COURT

Docket No. 14712.

43 Cal.App.3d 66 (1974)

117 Cal. Rptr. 383

DUANE HARVEY, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

November 13, 1974.

Attorney(s) appearing for the Case

COUNSEL

A. John Merlo, Baker, Cornell & Hait, Les Hait and Peter D. Rubin for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, and Peter J. McBrien, Deputy Attorney General, for Real Party in Interest.

OPINION

FRIEDMAN, J.

An information charged petitioner with burglary, grand theft, receiving stolen property and possession of marijuana. Petitioner sought diversion as to the marijuana count and the probation officer filed a report recommending diversion. The trial court rejected the diversion motion. Petitioner seeks a writ of prohibition to prevent his trial on the marijuana count, charging abuse of discretion.

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