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ARIO v. SUPERIOR COURT

Docket No. 53217.

124 Cal.App.3d 285 (1981)

177 Cal. Rptr. 265

CLEVELAND ARIO, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

October 6, 1981.

Attorney(s) appearing for the Case

COUNSEL

James R. Jenner, Public Defender, and Leslie R. Chettle, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Gloria F. DeHart and Kristofer Jorstad, Deputy Attorneys General, for Real Party in Interest.

OPINION

BARRY-DEAL, J.

Petitioner challenges the trial court's denial of his motion to dismiss special circumstance allegations in a murder prosecution. His contention is that the evidence presented at the preliminary examination does not support the allegations that the two murders were committed while petitioner was "engaged in" the act of kidnaping. We agree with petitioner and therefore...

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