PEOPLE v. SUPERIOR COURT (GIBSON)

Docket No. 48487.

101 Cal.App.3d 551 (1980)

161 Cal. Rptr. 923

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MONTEREY COUNTY, Respondent; DALE CLAYTON GIBSON, Real Party in Interest.

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

January 30, 1980.


Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, John T. Murphy and Eugene W. Kaster, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Michael A. Manlin, Miller & Sincoff for Real Party in Interest.


OPINION

WHITE, P.J.

(1a) By this petition the People challenge a Monterey County Superior Court ruling which dismissed a kidnaping charge and removed the "special circumstance" allegations from a first degree murder prosecution against Dale Clayton Gibson. In ruling in Mr. Gibson's favor on his Penal Code section 995 motion to dismiss the kidnaping charge and strike the...

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