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BARAJAS v. SUPERIOR COURT

Docket No. 28874.

149 Cal.App.3d 30 (1983)

196 Cal. Rptr. 599

JORGE MUNOZ BARAJAS, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

November 21, 1983.

Attorney(s) appearing for the Case

COUNSEL

Jeffrey E. Estes & Associates for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and Donald H. Canning, Deputy District Attorneys, for Real Party in Interest.

OPINION

WIENER, Acting P.J.

Jorge Munoz Barajas seeks a writ of prohibition to prohibit the superior court from trying him for felony drunk driving (Veh. Code, § 23101, subd. (a))1 after the municipal court declared a mistrial for prosecutorial misconduct during his trial for misdemeanor drunk driving (Veh. Code, § 23102, subd. (a)).2 We issue the writ.

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