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R.G.S. v. DISTRICT COURT OF OKLAHOMA COUNTY

No. 0-81-274.

636 P.2d 340 (1981)

In the Matter of R.G.S., a Minor Under the Age of Eighteen (18) Years, Petitioner, v. DISTRICT COURT OF OKLAHOMA COUNTY, the State of Oklahoma, and the Honorable Arthur Lory Rakestraw, District Judge, Respondents.

Court of Criminal Appeals of Oklahoma.

October 27, 1981.

Attorney(s) appearing for the Case

Thomas J. Ray, Jr., Asst. Public Defender, Oklahoma City, for petitioner.

Robert H. Macy, Dist. Atty., Cathy J. Clinton, Asst. Dist. Atty., Oklahoma City, for respondent.

MEMORANDUM OPINION

BUSSEY, Judge:

On April 30, 1981, R.G.S., the petitioner, filed a petition for a writ of prohibition and/or mandamus in which he asks this Court to prevent a trial de novo in Oklahoma County District Court, Case No. JF-80-1610. He alleges that it would be unlawful for the respondent judge to conduct a trial de novo after a special judge had already dismissed the case due to the State's failure...

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