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KERNES v. SUPERIOR COURT

No. D034252.

91 Cal.Rptr.2d 765 (2000)

77 Cal.App.4th 525

Debra Carol KERNES, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest.

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

January 10, 2000.

Attorney(s) appearing for the Case

Steven J. Carroll, Public Defender, Uley Norris and Edward Kinsey, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Casey Gwinn, City Attorney and Steven K. Hansen, Deputy City Attorney, for Real Party in Interest.

NARES, J.

FACTUAL AND PROCEDURAL BACKGROUND

The City of San Diego (City) filed a criminal complaint against Debra Carol Kernes (Kernes) charging her with misdemeanor vehicular manslaughter. The City was also named as a co-defendant of Kernes in a companion civil action brought by the family of the victim.

Kernes moved to recuse the City Attorney from prosecuting the criminal action under Penal Code...

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