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HARTMAN v. SUPERIOR COURT

Docket No. 7052.

135 Cal.App.3d 205 (1982)

185 Cal. Rptr. 182

DONALD LEE HARTMAN, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

August 18, 1982.

Attorney(s) appearing for the Case

COUNSEL

Willard L. Weddell, Public Defender, and Nadine Burns, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James T. McNally and Susan Rankin Bunting, Deputy Attorneys General, for Real Party in Interest.

OPINION

THE COURT.*

Petitioner seeks a writ of mandate directing respondent court to grant his motion to set aside a criminal information pending against him.

FACTS

Petitioner stands accused by information of felonious burglary in violation of Penal Code section 459.

The preliminary hearing evidence shows that between 8:30 and 9 a.m. on a Thursday petitioner broke into an unoccupied...

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