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MILLER v. SUPERIOR COURT

Docket No. 43243.

81 Cal.App.3d 132 (1978)

146 Cal. Rptr. 253

RICHARD MORRIS MILLER, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

May 23, 1978.

Attorney(s) appearing for the Case

COUNSEL

James C. Hooley, Public Defender, and Howard C. Harpham, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

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

OPINION

PAIK, J.*

Petitioner Richard Morris Miller seeks a writ of prohibition commanding respondent Superior Court of Alameda County to grant his motion to set aside the information charging him with two counts of violating Penal Code section 245, subdivision (a) (assault with a deadly weapon or force).

On February 28, 1977, a complaint was filed...

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