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AUGUSTINE v. SUPERIOR COURT

No. E022778.

84 Cal.Rptr.2d 487 (1999)

71 Cal.App.4th 990

Keith AUGUSTINE, et al., Petitioners, v. The SUPERIOR COURT of Riverside County, Respondent, The People, Real Party in Interest.

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

As Modified on Denial of Rehearing March 5, 1999.

Review Denied April 28, 1999.

Attorney(s) appearing for the Case

Margaret J. Spencer, Public Defender, Floyd Zagorsky, Chief Assistant Public Defender and Taylor Huff, Deputy Public Defender, for Petitioners.

No appearance for Respondent.

William C. Katzenstein, County Counsel and Robert M. Pepper, Principal Deputy County Counsel for Respondent.

OPINION

WARD, J.

In this matter we are asked to determine whether the trial court may destroy trial exhibits under the authority of Penal Code section 1417.1, or whether, on demand of the defendant, the exhibits must be retained in custodia legis. In the circumstances of this case we find no error in the trial court's refusal to retain the specified exhibits, and we deny the petition for writ of mandate.<...

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