PEOPLE v. SUPERIOR COURT (ORECCHIA)

Docket Nos. 39715, 39796.

65 Cal.App.3d 842 (1976)

134 Cal. Rptr. 361

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; RICARDO ORECCHIA et al., Real Parties in Interest. RICARDO ORECCHIA et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

December 2, 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 Herbert F. Wilkinson, Deputy Attorneys General, for Petitioner and for Real Party in Interest.

No appearance for Respondent.

Austin F. Stevens and Samuel R. Swift for Petitioners and for Real Parties in Interest.


OPINION

KANE, J.

In this extraordinary writ proceeding, the People seek mandate to compel respondent court to set aside its order striking out parts of informations charging defendants Orecchia and Rynd with violations of Health and Safety Code,1 section 11361 (sale of marijuana to a minor). The People contend that since the undisputed evidence at the preliminary hearings established that the sales were...

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