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ERVIN v. SUPERIOR COURT

Docket No. 49485.

119 Cal.App.3d 78 (1981)

173 Cal. Rptr. 208

HAROLD MILLER ERVIN, JR., Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

April 9, 1981.

Attorney(s) appearing for the Case

COUNSEL

Edward L. Merrill and Merrill, Thiessen & Gagen for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and Dane R. Gillette, Deputy Attorneys General, for Real Party in Interest.

OPINION

WHITE, P.J.

In this petition we are presented with two issues we previously decided in Conway v. Superior Court (Nov. 26, 1980, 1 Civ. 49127 unpub. opn.) (hereafter Conway). We write on a clean slate because, though we certified our opinion in Conway for publication, the California Supreme Court directed the Reporter of Decisions not to publish the...

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