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PEOPLE v. RIVERA

Docket Nos. 14971, 14972.

64 Cal.App.3d 644 (1976)

134 Cal. Rptr. 692

THE PEOPLE, Plaintiff and Appellant, v. MARIO RIVERA, Defendant and Respondent. THE PEOPLE, Plaintiff and Appellant, v. TONY H. LUCAS, Defendant and Respondent.

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

December 7, 1976.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General,

William D. Stein and Ina L. Gyemant, Deputy Attorneys General, for Plaintiff and Appellant.

Douglas S. Paris and Peter G. Keane, under appointments by the Court of Appeal, for Defendants and Respondents.

OPINION

ROUSE, J.

Consolidated for hearing in this court are two appeals taken by the People from orders entered by the superior court in two separate actions. Both appeals involve a similar question, namely, the applicability of the rule established in the case of In re Bye (1974) 12 Cal.3d 96 [115 Cal.Rptr. 382, 524 P.2d 854

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