BELLIZZI v. SUPERIOR COURT

Docket No. S.F. 23107.

12 Cal.3d 33 (1974)

524 P.2d 148

115 Cal. Rptr. 52

JOSEPH BELLIZZI, Petitioner, v. THE SUPERIOR COURT OF STANISLAUS COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

July 11, 1974.


Attorney(s) appearing for the Case

COUNSEL

Robert R. Elledge for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler and Edward A. Hinz, Jr., Chief Assistant Attorneys General, Doris H. Maier and William E. James, Assistant Attorneys General, Arnold O. Overoye, Roger E. Venturi and Allen R. Crown, Deputy Attorneys General, for Real Party in Interest.


OPINION

BURKE, J.

The People's failure to comply with a pretrial discovery order led to the dismissal of drug charges against petitioner. Two days later, a new complaint was lodged against petitioner containing the same charges. In the interim, however, a witness assertedly favorable to petitioner evidently left the state upon learning of the dismissal and has not been located since. The question arises whether, under these circumstances...

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