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HUYNH v. SUPERIOR COURT

Docket No. G018874.

45 Cal.App.4th 891 (1996)

TRI HUU HUYNH, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

April 25, 1996.

Attorney(s) appearing for the Case

COUNSEL

Brian L. Ducker, Alternate Public Defender, and Kevin J. Phillips, Deputy Alternate Public Defender, for Petitioner.

No appearance for Respondent.

Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, and Craig McKinnon, Deputy District Attorney, for Real Party in Interest.

OPINION

WALLIN, J.

Tri Huu Huynh petitions for a writ of mandate/prohibition, contending the trial court abused its discretion by denying his motion pursuant to Penal Code section 9951 on the ground it could not be used to set aside allegations the charged attempted murders were premeditated and deliberated. We grant the petition.

Huynh was charged by complaint in the municipal court with shooting...

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