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PEOPLE v. MUNICIPAL COURT (LOPEZ)

Docket No. 19942.

116 Cal.App.3d 456 (1981)

172 Cal. Rptr. 140

THE PEOPLE, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE SUTTER COUNTY JUDICIAL DISTRICT OF SUTTER COUNTY, Defendant and Respondent; DANIEL RUDOLPH LOPEZ, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

March 3, 1981.

Attorney(s) appearing for the Case

COUNSEL

Isenberg, Moulds & Samuel and John F. Moulds III for Real Party in Interest and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Joel Carey and Shirley A. Nelson, Deputy Attorneys General, for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

PARAS, J.

Real party in interest (hereinafter defendant) appeals from a superior court order which directed the municipal court to vacate its order striking a probation report prepared for defendant's misdemeanor sentencing hearing. The sole question presented is whether the municipal court has jurisdiction to strike a probation report. The parties agree there is no direct authority...

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