PROVENCHER v. MUNICIPAL COURT

Docket No. 16879.

83 Cal.App.3d 132 (1978)

147 Cal. Rptr. 615

ROBERT F. PROVENCHER, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE NORTH COUNTY JUDICIAL DISTRICT OF SAN DIEGO COUNTY, Defendant and Respondent.

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

July 25, 1978.


Attorney(s) appearing for the Case

COUNSEL

Stanton, Welch & Brady and John Stanton for Plaintiff and Appellant.

Edwin P. Miller, Jr., District Attorney, Peter C. Lehman and George J. Du Borg, Deputy District Attorneys, for Defendant and Respondent.


OPINION

BROWN (Gerald), P.J.

(1) Robert F. Provencher appeals a judgment denying his petition for a peremptory writ of mandate to compel the municipal court to strike a prior drunk driving conviction in his prosecution on a current charge of drunk driving.

The superior court reached the merits of Provencher's petition. We decline that invitation and in so doing, suggest the trial court, as a matter of policy,...

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