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ELLSWORTH v. SUPERIOR COURT

Docket No. G002270.

170 Cal.App.3d 967 (1985)

216 Cal. Rptr. 589

RONALD LEE ELLSWORTH, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

July 31, 1985.

Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, Frank Scanlon, Assistant Public Defender, Richard Aronson and Richard Schwartzberg, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, William W. Bedsworth and Rick V. Curcio, Deputy District Attorneys, for Real Party in Interest.

OPINION

WALLIN, J.

Petitioner Ronald Lee Ellsworth seeks a writ of prohibition directing the superior court to vacate its order denying Ellsworth's motion to dismiss the felony charges against him based on his plea of former conviction of the offense charged. (Pen. Code, § 1016, subd. 4.)

On March 14, 1984, Ellsworth was charged by misdemeanor complaint with possession of a weapon concealed in a vehicle (Pen. Code, &...

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