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PEOPLE v. TAYLOR

Docket No. E008813.

7 Cal.App.4th 677 (1992)

9 Cal. Rptr.2d 227

THE PEOPLE, Plaintiff and Appellant, v. LARRY TAYLOR, Defendant and Respondent.

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

June 19, 1992.

Attorney(s) appearing for the Case

COUNSEL

Dennis Kottmeier, District Attorney, and Joseph A. Burns, Deputy District Attorney, for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Theodara Berger, Assistant Attorney General, Richard Tom, Deputy Attorney General, Gary T. Yancey, District Attorney (Contra Costa), and Lauren R. Wixson, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

David L. McKenna, Public Defender, and David W. Negus, Chief Deputy Public Defender, for Defendant and Respondent.

OPINION

TIMLIN, J.

Pursuant to Penal Code section 1238, subdivision (a)(1), the People appeal from a ruling by the trial court under Penal Code section 995 setting aside the one-count information the People had filed against defendant. The gist of the People's argument on appeal is that the trial court erroneously granted defendant's motion to set aside the information as a consequence of its (the trial court's) misinterpretation...

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