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PEOPLE v. HERNANDEZ

Docket No. 34260.

97 Cal.App.3d 451 (1979)

158 Cal. Rptr. 742

THE PEOPLE, Plaintiff and Appellant, v. WILLIAM HERNANDEZ et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

October 2, 1979.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Dirk L. Hudson, Deputy District Attorneys, for Plaintiff and Appellant.

Leo Fasen, under appointment by the Court of Appeal, Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Albert DeBlanc, Jr., H. Reed Webb and Leighton A. Nugent, Deputy Public Defenders, for Defendants and Respondents.

OPINION

ASHBY, J.

In this robbery prosecution (Pen. Code, § 211), the People appeal from an order of dismissal entered pursuant to Penal Code section 1382. (Pen. Code, § 1238, subd. (a)(8).)

Penal Code section 1382 provides in pertinent part: "The court, unless good cause to the contrary is shown, must order the action to be dismissed in the following cases: [¶] 2. When a defendant is not brought to trial in...

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