PEOPLE v. EITZEN

Docket No. 12392.

43 Cal.App.3d 253 (1974)

117 Cal. Rptr. 772

THE PEOPLE, Plaintiff and Appellant, v. JOSEPH DEAN EITZEN, Defendant and Respondent.

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

November 19, 1974.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Timothy A. Reardon and Alvin J. Knudson, Deputy Attorneys General, for Plaintiff and Appellant.

Clarence B. Knight for Defendant and Respondent.


OPINION

SIMS, J.

The People have appealed (Pen. Code, § 1238, subd. (a)(1)) from a decision granting the defendant's motion to dismiss pursuant to Penal Code section 995, four counts of a six-count amended information. It is concluded that the three issues raised by the parties must be resolved as follows: the prosecutor was not precluded from charging four counts of grand theft...

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