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PEOPLE v. CARLUCCI

Docket No. Crim. 20487.

23 Cal.3d 249 (1979)

590 P.2d 15

152 Cal. Rptr. 439

THE PEOPLE, Plaintiff and Respondent, v. PHILLIP ANTHONY CARLUCCI, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. WALTER GEORGE LAWRENCE, Defendant and Appellant.

Supreme Court of California.

February 7, 1979.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, and Donald L.A. Kerson, Deputy State Public Defender, for Defendants and Appellants.

John K. Van de Kamp, District Attorney, Harry B. Sondheim and Barry R. Levy, Deputy District Attorneys, for Plaintiff and Respondent.

Keith C. Sorenson, District Attorney (San Mateo), and Stephen M. Wagstaffe, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

RICHARDSON, J.

The issue herein presented is whether a traffic infraction hearing conducted without a prosecutor by the judge who calls and questions the witnesses, including the defendant, necessarily deprives the defendant of due process of law. We conclude that it does not. We also conclude however that, by reason of a stipulation discussed below entered into between defendants and the district attorney, the interests of...

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