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PEOPLE v. BOYD

Docket No. Crim. 20575.

24 Cal.3d 285 (1979)

594 P.2d 484

155 Cal. Rptr. 367

THE PEOPLE, Plaintiff and Appellant, v. CLINT CLEO BOYD, Defendant and Respondent.

Supreme Court of California.

May 22, 1979.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Michael Franchetti, G. Michael Gates and Arthur G. Scotland, Deputy Attorneys General, for Plaintiff and Appellant.

Kenneth M. Wells, Public Defender, Roy V. Williams, Kenneth M. Malovos, Supervising Assistant Public Defenders, Roy K. Simmons, Assistant Public Defender, and David A. Thomsen for Defendant and Respondent.

Arthur M. Sohcot, Maryjane Mulholland, Robert McDermand and Leo Paoli as Amici Curiae on behalf of Defendant and Respondent.

OPINION

MOSK, J.

Defendant was charged by information with the offense of being an ex-felon in possession of a firearm. (Pen. Code, § 12021.) He pleaded not guilty and denied the allegation of a prior conviction. Thereafter he moved to dismiss the information pursuant to Penal Code section 995 on the ground that it was based solely on incompetent evidence. The motion was granted, and...

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