LOZOYA v. SUPERIOR COURT

Docket No. B022223.

189 Cal.App.3d 1332 (1987)

235 Cal. Rptr. 77

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

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

March 3, 1987.


Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Carole Telfer and Victor Salerno, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Ira Reiner, District Attorney, Arnold T. Guminski and Maurice H. Oppenheim, Deputy District Attorneys, for Real Party in Interest.


OPINION

KLEIN, P.J.

Petitioner Octavio Lozoya (Lozoya) seeks a writ of prohibition to restrain any further proceedings against him on a criminal information charging him with murder on the grounds he was committed by the magistrate without probable cause.

Because the magistrate's finding of attenuation is not supported by the record, the petition is granted.

FACTUAL AND PROCEDURAL BACKGROUND1

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