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CRAYTON v. SUPERIOR COURT

Docket No. B008065.

165 Cal.App.3d 443 (1985)

211 Cal. Rptr. 605

TIMOTHY CRAYTON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

March 8, 1985.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Margaret P. Scully and Ronald B. Davey, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Ira Reiner, District Attorney, Donald J. Kaplan and Eugene D. Tavris, Deputy District Attorneys, for Real Party in Interest.

OPINION

WOODS, P.J.

By petition for writ of prohibition a felony defendant seeks to compel the trial court to dismiss a felony complaint on the ground that he has entered a plea of nolo contendere to and been sentenced upon a misdemeanor offense that arose out of the identical underlying criminal conduct now being prosecuted as a felony.

(1a) The issue presented is whether a defendant, who has in no way manipulated...

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