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PEOPLE v. SUPERIOR COURT (GARCIA)

Docket No. 53605.

131 Cal.App.3d 256 (1982)

182 Cal. Rptr. 426

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; NICHOLAS BALENTINE GARCIA, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

April 29, 1982.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and Ann K. Jensen, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

Leon L. Anderson for Real Party in Interest.

OPINION

POCHE, J.

The People petition for a writ of mandate directing the Santa Clara County Superior Court to set aside its order striking allegations of special circumstances (Pen. Code, § 190.2)1 with respect to an amended information filed against real party in interest, Nicholas Balentine Garcia. The sole question is whether an accused who rescinds a plea bargain can insist on its benefits. We...

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