GARCIA v. SUPERIOR COURT

Docket No. C012079.

1 Cal.App.4th 979 (1991)

2 Cal. Rptr.2d 707

JESSE MANUEL GARCIA, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

December 18, 1991.


Attorney(s) appearing for the Case

COUNSEL

Gerald L. Gleeson, Public Defender, and Edward Healey, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert Anderson, Acting Assistant Attorney General, Margaret Garnand Venturi and Alan Ashby, Deputy Attorneys General, for Real Party in Interest.


OPINION

PUGLIA, P.J.

Petitioner (defendant) seeks a writ of mandate commanding the respondent superior court to order the magistrate, a judge of the municipal court, to direct the People to conduct a "voice-only" lineup to ascertain if the victim of crimes charged against defendant can identify her assailant's voice from among the voices of defendant and others. We shall hold that it is within the discretion of the magistrate so to...

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