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SYLVIA v. SUPERIOR COURT

Docket No. 20925.

128 Cal.App.3d 309 (1982)

180 Cal. Rptr. 251

PETER DARWYN SYLVIA, Petitioner, v. THE SUPERIOR COURT OF TRINITY COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

January 29, 1982.

Attorney(s) appearing for the Case

COUNSEL

Paul Centolella and Carol Strickman for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, and Robert D. Marshall, Deputy Attorney General, for Real Party in Interest.

OPINION

EVANS, Acting P.J.

In a single count1 Peter Sylvia was accused of felony drunk driving (Veh. Code, § 23101). The trial jury decided he was not guilty of the charged offense, but apparently could not agree on the lesser included offense of misdemeanor drunk driving (Veh. Code, § 23102, subd. (a)). The petition for an extraordinary writ presents the question, does acquittal on the charge...

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