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PEOPLE v. MESARIS

Docket No. H002421.

201 Cal.App.3d 1377 (1988)

247 Cal. Rptr. 708

THE PEOPLE, Plaintiff and Appellant, v. GARY MESARIS, Defendant and Respondent.

Court of Appeals of California, Sixth District.

June 9, 1988.

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, David D. Salmon, John W. Runde and Jerry Engler, Deputy Attorneys General, for Plaintiff and Appellant.

Stuart R. Rappaport, Public Defender, Phillip H. Pennypacker, Acting Public Defender, and Barbara B. Fargo, Deputy Public Defender, for Defendant and Respondent.

OPINION

CAPACCIOLI, J.

In this case we are asked to determine whether the superior court erred by granting respondent Gary Mesaris's Penal Code section 995 motion to dismiss where the motion was predicated upon a violation of the 10-day rule set forth in Penal Code section 871.5, subdivision (e).1 The matter comes to us on appeal by the People from the...

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