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ORTEGA v. SUPERIOR COURT

Docket Nos. 21021, 21029.

135 Cal.App.3d 244 (1982)

185 Cal. Rptr. 297

RICKY ORTEGA et al., Petitioners, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

July 27, 1982.

Attorney(s) appearing for the Case

COUNSEL

Robert N. Chargin, Public Defender, Jeffrey Wellerstein, Deputy Public Defender, Talley, Holloway, Tauman & Holmes and Craig M. Holmes for Petitioners.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Edmund D. McMurray, Deputy Attorneys General, for Real Party in Interest.

OPINION

BLEASE, J.

Petitioners, Ricky Ortega and Michael Angelo Morales, face trial on charges of robbery, rape, murder with special circumstances, and conspiracy to murder. Each contends he has been improperly held to answer these charges on the grounds the magistrate permitted unauthorized persons to attend the preliminary examination and that the evidence against them was the product of an unlawful arrest. Morales makes the additional...

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