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ENGERT v. SUPERIOR COURT

Docket No. 48473.

103 Cal.App.3d 688 (1980)

163 Cal. Rptr. 267

ALLEN LEROY ENGERT, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

February 29, 1980.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, and David M. Mann, 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, Thomas A. Brady and John B. Moy, Deputy Attorneys General, for Real Party in Interest.

OPINION

CHRISTIAN, J.

Allen Leroy Engert seeks a writ restraining respondent superior court from proceeding on the special circumstance (torture) allegation (Pen. Code, § 190.2, subd. (a)(18)) in an information by which petitioner is charged with murder (Pen. Code, § 187). Restraint is also sought against trial of a second count of the information, charging penetration by a foreign object (Pen. Code, § 289).

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