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OVERBY v. MUNICIPAL COURT

Docket No. 50254.

121 Cal.App.3d 377 (1981)

175 Cal. Rptr. 352

JAMES OVERBY, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE LIVERMORE-PLEASANTON JUDICIAL DISTRICT OF ALAMEDA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

July 8, 1981.

Attorney(s) appearing for the Case

COUNSEL

James R. Jenner, Public Defender, Jay B. Gaskill, Howard L. Bloom and Allan D. Hymer, Assistant Public Defenders, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and J. Patrick Collins, Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

FEINBERG, J.

James Overby appeals from a judgment of the Superior Court of Alameda County denying his petition for writ of mandate or prohibition. Appellant was arrested on April 17, 1979, on a misdemeanor warrant which had issued on October 18, 1978, charging him with a violation of Vehicle Code section 23102 (driving under the influence). He was arraigned on May 2, 1979. Thereafter...

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