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BROWN v. MUNICIPAL COURT

Docket No. 16530.

84 Cal.App.3d 180 (1978)

148 Cal. Rptr. 493

WILMA J. BROWN, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE NORTH COUNTY JUDICIAL DISTRICT OF SAN DIEGO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

August 23, 1978.

Attorney(s) appearing for the Case

COUNSEL

James B. Burns for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and George J. Du Borg, Deputy District Attorneys, for Real Party in Interest and Respondent.

OPINION

THE COURT.*

Wilma J. Brown appeals the denial of her petition for a writ of prohibition to restrain the San Diego Municipal Court from retrying her on a charge of driving under the influence of alcohol (Veh. Code, § 23102, subd. (a)). An earlier trial resulted in a mistrial after a hung jury. (1) She contends Penal Code sections 1140, 1141, 1150 and 1151, requiring unanimous acquittal...

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