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IRVING v. SUPERIOR COURT

Docket No. 46388.

93 Cal.App.3d 596 (1979)

155 Cal. Rptr. 654

KURTIS IRVING, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

May 30, 1979.

Attorney(s) appearing for the Case

COUNSEL

James C. Hooley, Public Defender, and David L. Andersen, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and R. Gordon Baker, Jr., Deputy Attorneys General, for Real Party in Interest.

OPINION

WHITE, P.J.

Petitioner raises the question of whether his prosecution for four counts of burglary should have been dismissed pursuant to Penal Code section 995 because of a violation of Penal Code section 859b. He seeks a writ of prohibition from this court.

Penal Code section 859b, insofar as is pertinent, provides: "Both the defendant and the people have the right to a preliminary examination at the earliest possible...

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