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PEOPLE v. SUPERIOR COURT (AQUINO)

Docket No. A041664.

201 Cal.App.3d 1346 (1988)

248 Cal. Rptr. 50

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; MICHAEL AQUINO et al., Real Parties in Interest.

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

June 9, 1988.

Attorney(s) appearing for the Case

COUNSEL

Arlo Smith, District Attorney, and Hugh A. Donohoe, Assistant District Attorney, for Petitioner.

No appearance for Respondent.

Pillsbury, Madison & Sutro, Bernard Zimmerman and Shawn Hanson for Real Parties in Interest.

OPINION

WHITE, P.J.

The People of the State of California, represented by the San Francisco District Attorney, challenge a magistrate's ruling denying them party status on a motion to return property seized during execution of a search warrant. They contend that the superior court erred in failing to issue a writ to compel the magistrate to grant them party status. We conclude that under the circumstances of this case, the magistrate...

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