PEOPLE v. SWAIN

Docket No. E012800.

33 Cal.App.4th 499 (1995)

39 Cal. Rptr.2d 422

THE PEOPLE, Plaintiff and Respondent, v. JOHN A. SWAIN, Defendant and Appellant.

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

March 24, 1995.


Attorney(s) appearing for the Case

COUNSEL

Carmela F. Simoncini, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry J.T. Carlton and Adrianne S. Denault, Deputy Attorneys General, for Plaintiff and Respondent.


[Opinion certified for partial publication.*]

OPINION

HOLLENHORST, Acting P.J.

I

Defendant, John Swain, appeals his conviction of second degree murder and raises the following issues: (1) his trial before a municipal court judge violated articles II, section 1, and VI, section 4 of the state Constitution, as well as the separation of powers doctrine; (2) the denial of his motion...

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