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PEOPLE v. SUPERIOR COURT (BLANQUEL)

No. G027134.

102 Cal.Rptr.2d 429 (2000)

85 Cal.App.4th 768

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Rodolfo Najera BLANQUEL, Real Party In Interest.

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

December 19, 2000.

Attorney(s) appearing for the Case

Tony Rackauckas, District Attorney, and Gregory J. Robischon, Assistant District Attorney, for Petitioner.

No appearance for Respondent.

Carl C. Holmes, Public Defender, Deborah A. Kwast, Chief Deputy Public Defender, and Kevin J. Phillips, Assistant Public Defender, for Real Party in Interest.

OPINION

BEDSWORTH, J.

The Orange County District Attorney seeks extraordinary relief from the trial court's order sustaining Rodolfo Najera Blanquel's demurrer to felony charges of Vehicle Code section 23152, subdivisions (a) and (b). (All further statutory references are to this code unless otherwise specified.) The information alleges that Blanquel's offenses are felonies because he "was previously convicted of a [felony] violation of [s]ection 23152[...

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