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GETZ v. SUPERIOR COURT

Docket No. D010135.

211 Cal.App.3d 1167 (1989)

260 Cal. Rptr. 25

WALTER LAYTON GETZ, JR., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

June 27, 1989.

Attorney(s) appearing for the Case

COUNSEL

Nicholas De Pento for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Craig E. Fisher, Deputy District Attorneys, for Real Party in Interest.

OPINION

NARES, J.

Walter Layton Getz, Jr. (Getz), seeks a writ of prohibition after the superior court denied his Penal Code section 995 motion to dismiss count two of an information charging him with possession/sale of ephedrine, in violation of Health and Safety Code1 section 11106, subdivision (f). We issued a stay of trial, and now after argument we grant the petition.

FACTUAL AND PROCEDURAL...

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