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ROSE v. SUPERIOR COURT

No. B134032.

96 Cal.Rptr.2d 843 (2000)

81 Cal.App.4th 564

Clarence Lasalle ROSE, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

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

As Modified on Rehearing July 12, 2000.

Review Denied October 18, 2000.

Attorney(s) appearing for the Case

Peter Gold, San Francisco, under appointment by the Court of Appeal, for Petitioner.

Lloyd W. Pellman, County Counsel, and Frederick R. Bennett, Assistant County Counsel, for Respondent.

GO Garcetti, District Attorney of Los Angeles County, George M. Palmer, Head Deputy District Attorney, Fred Macksoud and Roderick W. Leonard, Deputy District Attorneys, for Real Party in Interest.

OPINION ON REHEARING

GILBERT, P.J.

The superior court did not comply with our order that it conduct a hearing on a petition for writ of habeas corpus. We therefore must grant a writ of mandate.

FACTS

On February 3, 1996, Scott Riley and four friends met at a Long Beach bar to celebrate his birthday. During the course of the evening, they drank a considerable amount of alcohol. About 1:00 a.m., they were talking outside the bar when an African...

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