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PEOPLE v. SUPERIOR COURT (SMITH)

Docket Nos. 53512, 53483.

82 Cal.App.3d 909 (1978)

147 Cal. Rptr. 554

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JAMES FRANK SMITH, Real Party in Interest. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LEAL ATKINS, Real Party in Interest.

Court of Appeals of California, Second District, Division Two.

July 19, 1978.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Arnold T. Guminski, Donald J. Kaplan and Eugene D. Tavris, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Carol Hawes, Robert Reback and G. Keith Wisot, Deputy Public Defenders, for Real Parties in Interest.

OPINION

COMPTON, J.

In two unrelated cases the District Attorney of Los Angeles County petitioned this court for a writ of mandate to compel the superior court of that county to vacate orders accepting pleas of guilty in one case and a plea of nolo contendere in the other. Because the cases present a single common, but important issue, we granted the alternative writs and consolidated them.

In each case the trial judge in...

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