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MALONE v. SUPERIOR COURT

Docket No. 14888.

47 Cal.App.3d 313 (1975)

120 Cal. Rptr. 851

VINCENT JOSEPH MALONE, JR., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

April 17, 1975.

Attorney(s) appearing for the Case

COUNSEL

Kenneth M. Wells, Public Defender, and Burton R. Loehr, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Janice Hayes, Deputy Attorneys General, for Real Party in Interest.

OPINION

FRIEDMAN, Acting P.J.

Opinion on rehearing. Petitioner seeks a writ of prohibition to prevent further proceedings upon an indictment charging him with receiving stolen property (Pen. Code, § 496) and alleging three prior felony convictions.

The prosecution had been initiated by a complaint charging petitioner with burglary and with receiving stolen goods. At the preliminary hearing the district attorney "stipulated...

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