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PEOPLE v. SUPERIOR COURT (McGRAW)

Docket No. 46539.

100 Cal.App.3d 154 (1979)

160 Cal. Rptr. 663

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; NATHANIEL McGRAW et al., Real Parties in Interest.

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

December 20, 1979.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philobosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Ronald G. Niver and Blair W. Hoffman, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

James C. Hooley, Public Defender, Jay B. Gaskill, Assistant Public Defender and Michael P. Moore for Real Parties in Interest.

OPINION

SCOTT, J.

The People seek a writ of mandate to compel respondent court to set aside its order returning certain valuable property previously seized by the police to real parties in interest, and to hold an evidentiary hearing to determine whether the property involved was stolen.

On March 24, 1978, the Oakland police served a search warrant on the residence of real parties...

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