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RAMOS v. SUPERIOR COURT

Docket No. L.A. 31530.

32 Cal.3d 26 (1982)

648 P.2d 589

184 Cal. Rptr. 622

DAVID RONALD RAMOS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

August 5, 1982.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, and Bernard J. Rosen, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, District Attorney, Harry B. Sondheim and John W. Messer, Deputy District Attorneys, for Real Party in Interest.

OPINION

KAUS, J.

Defendant David Ronald Ramos, charged by information with one count of murder and one special circumstance, seeks a writ of prohibition to restrain his trial on the special circumstance allegation. Ramos contends (1) that Penal Code section 13871 bars prosecution of the special circumstance allegation because that allegation has twice been dismissed by a magistrate, and (2) that the evidence...

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