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STROUD v. SUPERIOR COURT

No. S081186.

98 Cal.Rptr.2d 677 (2000)

23 Cal.4th 952

4 P.3d 933

Todd Russell STROUD, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest. Tyrone Franklin Swain, Petitioner, v. The Superior Court of Los Angeles County, Respondent; The People, Real Party in Interest.

Supreme Court of California.

August 10, 2000.

Attorney(s) appearing for the Case

Daniel G. Davis and Dennis A. Fischer, Santa Monica, for Petitioner Todd Russell Stroud.

Michael P. Judge, Public Defender, Jeri Polen and John Hamilton Scott, Deputy Public Defenders, for Petitioner Tyrone Franklin Swain.

No appearance for Respondent.

Gil Garcetti, District Attorney, Brent Riggs and William Woods, Deputy District Attorneys, for Real Party in Interest.

BAXTER, J.

Here we consider issues concerning the application of Penal Code section 861. This statute requires dismissal of a criminal complaint if the preliminary examination is not completed in "one session ..., unless the magistrate, for good cause shown by affidavit, postpones it." (Ibid., italics added.)1

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