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BORO v. SUPERIOR COURT

Docket No. A027892.

163 Cal.App.3d 1224 (1985)

210 Cal. Rptr. 122

DANIEL KAYTON BORO, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

January 25, 1985.

Attorney(s) appearing for the Case

COUNSEL

Vincent J. O'Malley and Allen & O'Malley for Petitioner.

James P. Fox, District Attorney, for Respondent.

John K. Van de Kamp, Attorney General, Eugene W. Kaster, Herbert F. Wilkinson and Blair W. Hoffman, Deputy Attorneys General, for Real Party in Interest.

OPINION

NEWSOM, J.

By timely petition filed with this court, petitioner Daniel Boro seeks a writ of prohibition to restrain further prosecution of count II of the information on file against him in San Mateo County Superior Court No. C-13489 charging him with a violation of Penal Code section 261, subdivision (4),1 rape: "an act of sexual intercourse accomplished...

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