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CURRY v. SUPERIOR COURT

Docket No. 3639.

75 Cal.App.3d 221 (1977)

141 Cal. Rptr. 884

JAMES PATRICK CURRY, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

November 18, 1977.

Attorney(s) appearing for the Case

COUNSEL

Melvin W. Nitz, Public Defender, under appointment by the Court of Appeal, and Roger K. Litman, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller, Charles P. Just and Nelson P. Kempsky, Deputy Attorneys General, William A. Smith, District Attorney, and Jerome M. Behrens, Deputy District Attorney, for Real Party in Interest.

OPINION

HOPPER, J.

In this case we consider (1) the effect on the 10-day statutory limit of Penal Code section 859b1 as to the commencement of a preliminary examination of a motion by a defendant to represent himself and (2) the nature of competency necessary to waive counsel.

The facts are:

Prior to the filing of the petition now before this court, petitioner James Curry had participated...

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