MONTEZ v. SUPERIOR COURT

Docket No. B052892.

4 Cal.App.4th 577 (1992)

5 Cal. Rptr.2d 723

ALFREDO MONTEZ, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

March 11, 1992.


Attorney(s) appearing for the Case

COUNSEL

Gary M. Mandinach for Petitioner.

No appearance for Respondent.

Ira Reiner, District Attorney, Donald J. Kaplan and Robert W. Carney, Deputy District Attorneys, for Real Party in Interest.


OPINION

TURNER, P.J.

I. INTRODUCTION

Petitioner Alfredo Montez (defendant) seeks a writ of prohibition directing the respondent court to set aside an order denying a motion to dismiss pursuant to Penal Code section 995.1 (1) (See fn. 2.) The motion raised several issues concerning the application of Proposition 115 which was

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