PEOPLE v. SUPERIOR COURT (MARTIN)

Docket No. 47374.

98 Cal.App.3d 515 (1979)

159 Cal. Rptr. 625

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; GARY MOTO MARTIN, Real Party in Interest.

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

November 8, 1979.


Attorney(s) appearing for the Case

COUNSEL

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 Petitioner.

No appearance for Respondent.

Thomas J. Nolan, Jr., for Real Party in Interest.


OPINION

ELKINGTON, Acting P.J.

We issued an alternative writ of mandate on the petition of the People, in order to determine whether the superior court abused its discretion in ordering recusal, i.e., disqualification, of the district attorney from further representation of the People in a case where one Gary Moto Martin stands charged with murder and arson of a dwelling house.

On March 12, 1979, a petition was filed with...

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