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BALUYUT v. SUPERIOR COURT

Docket No. S045419.

12 Cal.4th 826 (1996)

911 P.2d 1

50 Cal. Rptr.2d 101

DENNIS PINEDA BALUYUT et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

March 4, 1996.

Attorney(s) appearing for the Case

COUNSEL

Bruce W. Nickerson for Petitioners.

Sean M. SeLegue as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald S. Bass, Assistant Attorney General, Mark S. Howell, Ronald S. Matthias, Catherine A. Rivlin and Frances Marie Dogan, Deputy Attorneys General, for Real Party in Interest.

OPINION

BAXTER, J.

Petitioners below are defendants charged with violation of Penal Code section 647, subdivision (a) (section 647(a)),1 in the Municipal Court for the Santa Clara Judicial District. They sought dismissal of the charges on the ground that the Mountain View police who arrested them engaged in a pattern of discriminatory arrest and prosecution...

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