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COUNTY OF TULARE v. YBARRA

Docket No. 6282.

143 Cal.App.3d 580 (1983)

192 Cal. Rptr. 49

COUNTY OF TULARE, Plaintiff and Appellant, v. RICHARD A. YBARRA, Defendant and Respondent.

Court of Appeals of California, Fifth District.

June 2, 1983.

Attorney(s) appearing for the Case

COUNSEL

William A. Richmond, District Attorney, Gary H. Evans and John S. Higgins, Deputy District Attorneys, for Plaintiff and Appellant.

Marlin G. Costello, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

WOOLPERT, J.

(1a) In this appeal we hold that the trial court abused its discretion when it dismissed a paternity action brought by the state simply because the alleged father, the defendant, could not afford an attorney and no public funds were available to pay an attorney appointed by the court. Under existing law, the public defender may not be appointed as counsel...

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