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WALLACE v. MUNICIPAL COURT

Docket No. 22067.

140 Cal.App.3d 100 (1983)

189 Cal. Rptr. 886

ELWYN CHESTER WALLACE, Petitioner, v. THE MUNICIPAL COURT FOR THE CHICO JUDICIAL DISTRICT OF BUTTE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

February 22, 1983.

Attorney(s) appearing for the Case

COUNSEL

Leverennz, Ward & Sweeney and William A. Ward for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, J. Robert Jibson and Raymond L. Brosterhous II, Deputy Attorneys General, for Real Party in Interest.

[Opinion certified for partial publication.]

OPINION

SPARKS, J.

Penal Code section 853.6, subdivision (e)(3), provides that the failure of the prosecutor to file the notice to appear or a formal complaint in the municipal or justice court within 25 days of the arrest shall bar prosecution of the misdemeanor charged in the notice to appear. The principal issue in this writ proceeding...

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