PEOPLE v. SUPERIOR COURT (McKUNES)

Docket No. 39704.

62 Cal.App.3d 853 (1976)

133 Cal. Rptr. 440

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; MICHAEL JOSEPH McKUNES, Real Party in Interest.

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

October 18, 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, W. Eric Collins and Linda Ludlow, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Sheldon Portman, Public Defender, and Geoffrey A. Braun, Deputy Public Defender, for Real Party in Interest.


OPINION

SCOTT, J.

The People are petitioning for a writ of mandate, requesting that respondent court be directed to set aside its order granting defendant Michael McKunes' discovery motion.

The issue presented is whether a defendant charged with a violation of Penal Code section 245, subdivision (a) (assault with a deadly weapon) can compel discovery of information in the personnel...

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