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TALAMANTEZ v. SUPERIOR COURT

Docket No. 24494.

122 Cal.App.3d 629 (1981)

176 Cal. Rptr. 800

ROLAND ANTONIO TALAMANTEZ, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

July 29, 1981.

Attorney(s) appearing for the Case

COUNSEL

Allen Bloom for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and Paul M. Morley, Deputy District Attorneys, for Real Party in Interest.

OPINION

STANIFORTH, J.

(1a) In this first degree murder case, petitioner challenges the procedure by which special circumstances allegations were added by amendment to the information in the superior court after the preliminary hearing had been held. After the denial in superior court of his motion under Penal Code section 995 to strike the death penalty allegations, petitioner seeks a writ of prohibition here, Penal...

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