PEOPLE v. SUPERIOR COURT (ONGLEY)

Docket No. A039352.

195 Cal.App.3d 165 (1987)

240 Cal. Rptr. 487

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; JOSEPH MILNE ONGLEY, Real Party in Interest.

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

September 30, 1987.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Martin S. Kaye and Landra E. Rosenthal, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Linda Lee DeMetrick, James Farragher Campbell and Campbell & DeMetrick for Real Party in Interest.


OPINION

HANING, J.

The People petition for a writ of mandate to compel respondent superior court to set aside its writ of prohibition restraining the municipal court from further prosecuting real party Ongley for unauthorized practice of medicine. (Bus. & Prof. Code, § 2053.) The charged offense, an alternative felony/misdemeanor (in trade jargon, a "wobbler"), was first charged...

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