PEOPLE v. PENNINGTON

Docket No. A049080.

228 Cal.App.3d 959 (1991)

279 Cal. Rptr. 85

THE PEOPLE, Plaintiff and Appellant, v. ANTHONY MARSHALL PENNINGTON, Defendant and Respondent.

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

March 21, 1991.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Laurence K. Sullivan and Linda James, Deputy Attorneys General, for Plaintiff and Appellant.

Steven J. Antler, under appointment by the Court of Appeal, for Defendant and Respondent.


OPINION

KING, J.

In this case we hold it was error to set aside an information solely because the defendant was represented at his preliminary hearing by a deputy public defender, who thereafter discovered for the first time that a prosecution witness had previously been represented by the public defender's office. We conclude no substantial right of the defendant was denied at the preliminary hearing, since the deputy had no knowledge...

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