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THOMAS v. SUPERIOR COURT

Docket No. 37638.

54 Cal.App.3d 1054 (1976)

126 Cal. Rptr. 830

CHARLES L. THOMAS, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

January 30, 1976.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, John L. Williams, Philip H. Pennypacker and Frank D. Berry, Jr., Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg and Clifford K. Thompson, Jr., Deputy Attorneys General, for Real Party in Interest.

Victor D. Vertner as Amicus Curiae.

OPINION

TAYLOR, P.J.

Petitioner, charged with murder (Pen. Code, § 187), robbery (Pen. Code, § 211), and criminal conspiracy (Pen. Code, § 182), alleged to have been committed under circumstances invoking additional penalties (Pen. Code, § 12022.5), and under special circumstances invoking the death penalty (Pen. Code, § 190.2, subds. (a), (b)(3)(i)), seeks mandate to review an order of the respondent superior...

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