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SLEDGE v. SUPERIOR COURT

Docket No. L.A. 30146.

11 Cal.3d 70 (1974)

520 P.2d 412

113 Cal. Rptr. 28

CURTIS LEE SLEDGE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

March 27, 1974.

Attorney(s) appearing for the Case

COUNSEL

Andreasen, Thompson, Gore, Grosse & O'Neal, Andreasen, Thompson, Gore, Grosse & Wright and David R. Thompson for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Terry J. Knoepp and Anthony D. Samson, Deputy District Attorneys, for Real Party in Interest.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Gloria F. DeHart and Rodney J. Blonien, Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest.

OPINION

MOSK, J.

This is a companion case to People v. Superior Court (On Tai Ho), ante, page 59 [113 Cal.Rptr. 21, 520 P.2d 405], also decided this day.

In On Tai Ho we hold that the decision to "divert" a defendant into a pretrial rehabilitation program under Penal Code section 1000.2 is a judicial act which cannot be subjected...

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