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RUBIO v. SUPERIOR COURT

Docket No. S.F. 23711.

24 Cal.3d 93 (1979)

593 P.2d 595

154 Cal. Rptr. 734

RALPH RUBIO, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

April 24, 1979.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, Quin Denvir, State Public Defenders, Gary S. Goodpaster, Ezra Hendon, Chief Assistant State Public Defenders, Mark L. Christiansen, Richard Shapiro and Stephen Berlin, Deputy State Public Defenders, for Petitioner.

Richard M. Pearl, Albert H. Meyerhoff, Neil Gotanda, Marion Standish, Ronald Vera, Peter Schey and Tomas Olmos as Amici Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi, Edmund D. McMurray and Willard F. Jones, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

MOSK, J.

Defendant Rubio is charged in respondent San Joaquin Superior Court with one count of murder. He moved to quash the petit jury venire on the ground that it contains neither ex-felons nor resident aliens, such persons being excluded by statute from jury service.1 This exclusion, he contended, denies him his constitutional right to be tried by a jury drawn from a representative cross-section...

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