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PEOPLE v. SUPERIOR COURT (RODRIGO O.)

Docket No. D020233.

22 Cal.App.4th 1297 (1994)

27 Cal. Rptr.2d 796

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; RODRIGO O., a Minor, Real Party in Interest.

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

February 23, 1994.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Karen I. Doty, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Loren I. Mandel, Alternate Public Defender, Jacqueline C. Crowle and Kevin Milmoe, Alternate Deputy Public Defenders, for Real Party in Interest.

OPINION

HUFFMAN, J.

The People petition for a writ of mandate after the court found 17-year-old Rodrigo O. to be a fit subject to be dealt with under juvenile court law. The People contend the court erroneously based its finding on irrelevant alibi evidence and that Rodrigo failed to rebut the presumption of unfitness under Welfare and Institutions Code1 section 707, subdivision (c).2...

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