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WALDON v. SUPERIOR COURT

Docket No. D006915.

196 Cal.App.3d 809 (1987)

241 Cal. Rptr. 123

BILLY RAY WALDON, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

October 20, 1987.

Attorney(s) appearing for the Case

COUNSEL

Geraldine S. Russell and Charles R. Khoury, Jr., for Petitioner.

Lloyd M. Harmon, Jr., County Counsel, Daniel J. Wallace, Chief Deputy County Counsel, and Barbara Baird, Deputy County Counsel, for Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman, Charles L. Patrick and D. Michael Ebert, Deputy District Attorneys, for Real Party in Interest.

OPINION

WORK, J.

Defendant Billy Ray Waldon seeks a writ of mandate after denial of a peremptory judicial challenge pursuant to Code of Civil Procedure section 170.6.1 We hold a Penal Code section 1368 competency hearing is a separate proceeding from an underlying criminal action for purposes of exercising a section 170.6 challenge. Waldon was therefore entitled to exercise a peremptory challenge in his...

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