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VEITCH v. SUPERIOR COURT

Docket No. 45108.

89 Cal.App.3d 722 (1979)

152 Cal. Rptr. 822

MITCHELL G. VEITCH, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

February 26, 1979.

Attorney(s) appearing for the Case

COUNSEL

Robert L. Mezzetti and M. Jean Starcevich for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg and Stan M. Helfman, Deputy Attorneys General, for Real Party in Interest.

OPINION

TAYLOR, P.J.

Petitioner, aggrieved by an order of respondent court rejecting his pleas of former judgment of acquittal (Pen. Code, § 1016, subd. 4) and once in jeopardy (Pen. Code, § 1016, subd. 5), petitioned this court for a writ of prohibition to prevent his retrial (Gomez v. Superior Court (1958) 50 Cal.2d 640, 653 [328 P.2d 976

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