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CARLTON v. DEPARTMENT OF MOTOR VEHICLES

Docket No. B028258.

203 Cal.App.3d 1428 (1988)

250 Cal. Rptr. 809

JEFFREY MANNING CARLTON, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

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

August 25, 1988.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Henry G. Ullerich, Deputy Attorney General, for Defendant and Appellant.

Cameron, Madden, Pearlson, Noblin & Sellars and Patrick T. Madden and James Robert Noblin for Plaintiff and Respondent.

OPINION

JOHNSON, J.

The Department of Motor Vehicles (DMV) appeals from a judgment granting Jeffrey Carlton's petition for a peremptory writ of mandate under Code of Civil Procedure section 1094.5. This writ commands the DMV to set aside its decision revoking Carlton's probation and suspending his driver's license for 90 days. We affirm the judgment.

FACTS AND PROCEEDINGS BELOW

In 1986 the DMV found Carlton to be...

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