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BURKHOLDER v. SUPERIOR COURT

Docket No. 45879.

96 Cal.App.3d 421 (1979)

158 Cal. Rptr. 86

RICHARD BENJAMIN BURKHOLDER, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

August 28, 1979.

Attorney(s) appearing for the Case

COUNSEL

Ludlow, Thompson, Fitzwater & Bolles and Rodger N. Bolles for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg and John H. Sugiyama, Deputy Attorneys General, for Real Party in Interest.

OPINION

RACANELLI, P.J.

This petition for writ of prohibition or mandamus arises against the following factual background as disclosed in the record.1

In early August 1978, Deputy Till, assigned to a special narcotics unit of the Santa Cruz County Sheriff's Department, was engaged in a daytime flight over a rural county area in an aircraft jointly owned by a private

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