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PEOPLE v. SUPERIOR COURT (ELDER)

Docket No. F009407.

201 Cal.App.3d 1061 (1988)

247 Cal. Rptr. 647

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; RICHARD ELDER et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

June 3, 1988.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, W. Scott Thorpe and Edgar A. Kerry, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Calvert & Milrod and Cynthia Calvert for Real Parties in Interest.

Daniel Yamshon as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

WOOLPERT, Acting P.J.

We are asked to review an order of the superior court granting mandamus relief which protected the real parties in interest from prosecution under Penal Code1 section 597b2 as "spectators" at a cockfight. Despite an apparently long history of unchallenged enforcement of the subject statute, the...

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