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NELSON v. JUSTICE COURT

Docket No. 43792.

86 Cal.App.3d 64 (1978)

150 Cal. Rptr. 39

FLOYD LEON NELSON, Plaintiff and Appellant, v. THE JUSTICE COURT FOR THE UKIAH JUDICIAL DISTRICT OF MENDOCINO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

November 2, 1978.

Attorney(s) appearing for the Case

COUNSEL

Rawles, Hinkle, Finnegan & Carter, E. Frank Coon and Patrick M. Finnegan for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien and Robert R. Granucci, Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

CHRISTIAN, J.

Floyd Leon Nelson appeals from a judgment by which the superior court denied a writ to compel respondent justice court to vacate a 1975 conviction of violating Vehicle Code section 23102, subdivision (a), (drunk driving).

Plaintiff has now been charged with a new offense of drunk driving. (1) The purpose of the present proceeding is to defeat...

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