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PEOPLE v. SUPERIOR COURT (HAYLE)

Docket No. 17122.

74 Cal.App.3d 604 (1977)

141 Cal. Rptr. 496

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF CALAVERAS COUNTY, Respondent; GARY WAYNE HAYLE et al., Real Parties in Interest.

Court of Appeals of California, Third District.

October 25, 1977.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and Carole Bartlett Hogan, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

George A. Huberty and Douglas V. McWhinney for Real Parties in Interest.

OPINION

THE COURT.*

Petitioner filed a petition for writ of prohibition on September 2, 1977, alleging that the respondent court lacked jurisdiction to hold a hearing to determine whether the real parties in interest, Gary Hayle and Jean Barclay, intended to cultivate marijuana for personal use within the meaning of the diversion statute (Pen. Code, § 1000 et seq.). On September 2 we ordered all further...

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