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PEOPLE v. MUNICIPAL COURT (HENRY)

Docket No. 18528.

98 Cal.App.3d 690 (1979)

159 Cal. Rptr. 639

THE PEOPLE, Petitioner, v. THE MUNICIPAL COURT FOR THE SACRAMENTO JUDICIAL DISTRICT OF SACRAMENTO COUNTY, Respondent; VERNAL A. HENRY, Real Party in Interest.

Court of Appeals of California, Third District.

November 13, 1979.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Charles P. Just and Charles J. James, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Kenneth M. Wells, Public Defender, and Richard G. Fathy, Deputy Public Defender, for Real Party in Interest.

OPINION

PARAS, J.

Real party in interest Vernal Henry is charged in municipal court with nine counts of misdemeanor vandalism. Among his pretrial motions was one to recuse the Sacramento County District Attorney's office. Henry argued that recusal was necessary because a deputy district attorney was the victim of a similar incident and a possible trial witness, and because a former deputy district attorney was also listed as a vandalism...

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