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PEOPLE v. SUPERIOR COURT (MENDELLA)

Docket No. S.F. 24492.

33 Cal.3d 754 (1983)

661 P.2d 1081

191 Cal. Rptr. 1

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; DAVID FREDERICK MENDELLA, Real Party in Interest.

Supreme Court of California.

April 25, 1983.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, W. Eric Collins, Eugene Kaster and Robert R. Granucci, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Ruth L. Young, Public Defender, and Glenn D. Becker, Deputy Public Defender, for Real Party in Interest.

OPINION

MOSK, J.

The People seek a writ of mandate to compel respondent superior court to vacate its order granting defendant's motion to set aside a portion of an information. The primary question presented is whether an enhancement allegation may be challenged by a motion to dismiss under Penal Code section 995.1 We conclude that such a motion is a proper vehicle...

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