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ZIMMERMAN v. MUNICIPAL COURT

Docket No. 57118.

111 Cal.App.3d 174 (1980)

168 Cal. Rptr. 434

ALLEN SHELDON ZIMMERMAN, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

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

October 15, 1980.

Attorney(s) appearing for the Case

COUNSEL

Burt Pines, City Attorney, George C. Eskin, Chief Assistant City Attorney, Rand Schrader, Assistant City Attorney, Jack L. Brown, Richard Edward Cates and Greg Wolff, Deputy City Attorneys, for Real Party in Interest and Appellant.

John K. Van de Kamp, District Attorney, Harry B. Sondheim and George M. Palmer, Deputy District Attorneys, as Amici Curiae on behalf of Real Party in Interest and Appellant.

Peter R. diDonato, under appointment by the Court of Appeal, for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

HANSON (Thaxton), J.

The People appeal an order of the superior court granting the petition of Allen Sheldon Zimmerman (defendant below) for a writ of mandate directing the municipal court to declare invalid his prior conviction for driving under the influence of alcohol. (Veh. Code, § 23102, subd. (a).)1

FACTS

On April 26, 1976, defendant Zimmerman appearing without counsel...

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