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JOHNSON v. SUPERIOR COURT

Docket No. 47473.

97 Cal.App.3d 682 (1979)

158 Cal. Rptr. 899

ROBERT L. JOHNSON, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

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

October 15, 1979.

Attorney(s) appearing for the Case

COUNSEL

Jeff Brown, Public Defender, and Ernest Gonzalez, Deputy 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 Ann K. Jensen, Deputy Attorneys General, for Real Party in Interest.

OPINION

MILLER, J.

Petitioner, charged by information with the commission of a felony (burglary, in violation of Pen. Code, § 459), seeks a writ of prohibition to prevent respondent superior court from proceeding with his trial. Petitioner contends that respondent court exceeded its jurisdiction in denying his motion to set aside the information made pursuant to Penal Code section 995 on the ground that he had not been legally...

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