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PEOPLE v. MUNICIPAL COURT (KONG)

Docket No. 51473.

122 Cal.App.3d 176 (1981)

175 Cal. Rptr. 861

THE PEOPLE, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN FRANCISCO JUDICIAL DISTRICT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; YEE NOR KONG, Real Party in Interest.

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

July 29, 1981.

Attorney(s) appearing for the Case

COUNSEL

Arlo Smith, District Attorney, Don Jacobson, Chief Assistant District Attorney, George Butterworth and Peter Aviles, Assistant District Attorneys, for Petitioner.

No appearance for Respondent.

Joseph C. Morehead for Real Party in Interest.

OPINION

FEINBERG, J.

This petition by the People for a writ of prohibition and/or mandamus challenges a magistrate's determination, after a postindictment preliminary hearing, that six crimes charged as felonies should be considered misdemeanors. (Pen. Code, § 17, subd. (b)(5).)1

On August 6, 1980, real party Yee Nor Kong, an operator of several garment shops, was indicted by the San Francisco...

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