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PEOPLE v. GARRETT

No. B117589.

79 Cal.Rptr.2d 803 (1998)

67 Cal.App.4th 1419

The PEOPLE, Plaintiff and Respondent, v. Montell GARRETT, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

November 24, 1998.

Attorney(s) appearing for the Case

Susan S. Bauguess, under appointment by the Court of Appeal, Running Springs, for Defendant and Appellant.

Daniel E. Lungren, Attorney General of the State of California, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Pamela C. Hamanaka, Supervising Deputy Attorney General, and Wendy Chase Arenson, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.* As Modified December 8, 1998.

ARMSTRONG, J.

Appellant Montell Garrett seeks to appeal an order denying his petition for a writ of habeas corpus. Respondent has moved to dismiss the appeal on several grounds, one being that the order is not appealable. We agree with respondent, but for the reasons stated below elect to treat the appeal as a petition for writ of habeas corpus.

Appellant...

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