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MITCHELL v. SUPERIOR COURT

Docket No. B001474.

155 Cal.App.3d 624 (1984)

202 Cal. Rptr. 284

MICHAEL WILLIAM MITCHELL, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Two.

May 9, 1984.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Jill Lansing and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Robert H. Philibosian, District Attorney, Donald J. Kaplan and Richard W. Gerry, Deputy District Attorneys, for Real Party in Interest.

OPINION

BEACH, J. —

NATURE OF PROCEEDINGS:

Defendant in a criminal trial seeks prohibition to restrain his trial for burglary on the ground of double jeopardy. The trial court had declared a mistrial on the basis of legal necessity after excusing a juror who after trial had started said (1) he had prejudged defendant's case and (2) that his mind kept wandering and he...

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