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BURNETT v. SUPERIOR COURT

Docket No. L.A. 30314.

12 Cal.3d 865 (1974)

528 P.2d 372

117 Cal. Rptr. 556

ALLEN DEAN BURNETT, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

November 26, 1974.

Attorney(s) appearing for the Case

COUNSEL

Frank L. Williams, Jr., Public Defender, James R. Goff and Michael Ian Garey, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney General, Oretta D. Sears, William Bedsworth and Ronald Cordova, Deputy District Attorneys, for Real Party in Interest.

OPINION

WRIGHT, C.J.

Allen Dean Burnett seeks mandate to compel the respondent superior court to rule on petitioner's motion to set aside an information (Pen. Code, § 995) charging petitioner with two violations of Penal Code section 211 (robbery).1 Petitioner contends that the respondent exceeded the power vested in it when, for the purpose of receiving further testimony, it declined to rule on the...

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