PEOPLE v. SUPERIOR COURT (HULBERT)

Docket No. 17915.

74 Cal.App.3d 407 (1977)

141 Cal. Rptr. 497

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; KEN RICHARD HULBERT, Real Party in Interest.

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

October 26, 1977.


Attorney(s) appearing for the Case

COUNSEL

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, Oretta D. Sears and Gary P. Ryan, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Frank L. Williams, Jr., Public Defender, and Michael Ian Garey, Deputy Public Defender, for Real Party in Interest.


OPINION

THE COURT.

(1a) In this case we conclude that a reviewing court has jurisdiction to rule upon a petition for an alternative writ of mandate sought pursuant to Penal Code section 1538.5, subdivision (o), when defendant has been found mentally incompetent to stand trial and committed to a state mental institution after the hearing on his motion to suppress evidence and the filing of the petition challenging the...

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