LUCAS v. SUPERIOR COURT

Docket No. D007744.

203 Cal.App.3d 733 (1988)

250 Cal. Rptr. 76

DAVID ALLEN LUCAS, Petitioner, v. THE SUPERIOR COURT OF THE COUNTY OF SAN DIEGO, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

August 9, 1988.


Attorney(s) appearing for the Case

COUNSEL

Steven E. Feldman, Christopher Blake and Alex L. Landon for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Daniel T. Williams and George W. Clarke, Deputy District Attorneys, for Real Party in Interest.


OPINION

WORK, J.

(1a) In this case, we hold a criminal defendant's constitutional rights to due process and equal protection of the laws are not denied by the requirement of Penal Code section 1330 that he, or his counsel, file a declaration attesting to a belief the witnesses have evidence making their attendance at trial material and necessary in order to obtain a court endorsement before subpoenaed witnesses may be...

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