RODRIGUEZ v. SUPERIOR COURT

Docket No. A026693.

159 Cal.App.3d 821 (1984)

205 Cal. Rptr. 750

RUBEN RODRIGUEZ, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

August 29, 1984.


Attorney(s) appearing for the Case

COUNSEL

Alfredo M. Morales for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Thomas A. Brady and Ann K. Jensen, Deputy Attorneys General, for Real Party in Interest.


OPINION

WHITE, P.J.

This petition, by a criminal defendant, challenges failure to dismiss one count of a two count information (Pen. Code, § 995). The issue is whether the magistrate properly held petitioner to answer for robbery upon evidence that the rape victim left her purse in petitioner's car when he forced her out to rape her and evidence that petitioner drove off with the purse after the rape. We find the evidence insufficient...

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