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PEOPLE v. SUPERIOR COURT (PEREZ)

Docket No. D023005.

38 Cal.App.4th 347 (1995)

45 Cal. Rptr.2d 107

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; MARTIN PEREZ, Real Party in Interest.

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

September 15, 1995.

Attorney(s) appearing for the Case

COUNSEL

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Paul M. Morley, Deputy District Attorneys, for Petitioner.

California District Attorneys Association and L. Douglas Pipes as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Loren I. Mandel and Steven J. Carroll, Alternate Public Defenders, and Jacqueline C. Crowle, Deputy Alternate Public Defender, for Real Party in Interest.

California Public Defender's Association and Ron Boyer as Amici Curiae on behalf of Real Party in Interest.

OPINION

HUFFMAN, J.

The narrow issue presented in this mandamus proceeding is whether a trial court's long-established statutory authority to declare an alternative felony, or "wobbler," a misdemeanor under Penal Code1 section 17, subdivision (b) was abrogated by the recently enacted "three strikes" law.2 We conclude it was not and accordingly deny the People's writ petition...

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