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FORTES v. MUNICIPAL COURT

Docket No. 19563.

113 Cal.App.3d 704 (1980)

170 Cal. Rptr. 292

SHARON C. FORTES, Petitioner, v. THE MUNICIPAL COURT FOR THE SACRAMENTO JUDICIAL DISTRICT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

December 19, 1980.

Attorney(s) appearing for the Case

COUNSEL

Blackmon, Wasserman & Blicker and Clyde M. Blackmon for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and James Ching, Deputy Attorneys General, E. Herbert Jackson, District Attorney, and Terry A. Appling, Deputy District Attorney, for Real Party in Interest.

OPINION

BLEASE, J.

Sharon C. Fortes (Sharon) seeks inter alia a writ of mandate directing the municipal court to vacate its order overruling her claim of spousal privilege (Evid. Code, §§ 970, 971) and requiring her to testify against her husband at his preliminary hearing. We grant the relief.

FACTS

Paul A. Fortes (Paul), petitioner's husband, was charged in a criminal complaint with commission of murder...

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