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SMITH v. MUNICIPAL COURT

Docket No. 40089.

71 Cal.App.3d 151 (1977)

139 Cal. Rptr. 121

WILLIAM SMITH, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE WEST JUDICIAL DISTRICT OF CONTRA COSTA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

June 1, 1977.

Attorney(s) appearing for the Case

COUNSEL

Patrick R. Murphy, Public Defender, and Mark L. Shaffer, Deputy Public Defender, for Plaintiff and Appellant.

John B. Clausen, County Counsel, and Arthur W. Walenta, Assistant County Counsel, for Defendant and Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg and Stan M. Helfman, Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

SCOTT, Acting P.J.

On March 26, 1976, Municipal Court Judge Thomas P. Curtin of the West Judicial District, County of Contra Costa approved a plea bargain reducing to misdemeanors felony charges against William Smith of violating Penal Code section 273d (wife and child abuse) and Penal Code section 245, subdivision (a) (assault with a deadly weapon). After appellant's guilty plea, Judge Curtin referred the matter to the probation...

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