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PEOPLE v. SUPERIOR COURT (COLBERT)

Docket No. 18128.

78 Cal.App.3d 1023 (1978)

144 Cal. Rptr. 599

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CHARLES COLBERT, Real Party in Interest.

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

March 21, 1978.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and George J. DuBorg, Deputy District Attorneys, for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Alan S. Meth and Harley D. Mayfield, Deputy Attorneys General, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Alex Landon and Dennis Sanders for Real Party in Interest.

OPINION

BROWN (Gerald), P.J.

On December 12, 1977, real party in interest, Charles Colbert, was arraigned on an information charging murder (count 1), forcible rape (counts 2, 4, 7 and 10), forcible sodomy (counts 3 and 5), forcible oral copulation (counts 6, 8, and 11), and assault by means of force likely to produce great bodily injury (count 9).

On December 30, 1977, Colbert was arraigned on an amended information which...

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