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WALTERS v. SUPERIOR COURT

No. G026062.

95 Cal.Rptr.2d 880 (2000)

80 Cal.App.4th 1074

Paul WALTERS et al., Petitioners, v. The SUPERIOR COURT of California, County of Orange, Respondent; Mario Ubina et al., Real Parties in Interest.

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

Review Denied September 13, 2000.

Attorney(s) appearing for the Case

Joseph W. Fletcher, City Attorney and Denah H. Yoshiyama, Assistant City Attorney for Petitioners.

No appearance for Respondent.

Michael P. Giannini, Director, Alternate Defender, J. Dean Allen and Doreen Boxer, Deputy Alternate Defenders for Real Party in Interest, Mario Ubina.

Tony Rackauckas, District Attorney and Gregory J. Robischon, Assistant District Attorney, for Real Party in Interest, People of the State of California.

OPINION

CROSBY, J.

This writ petition is brought by the Police Chief of the City of Santa Ana seeking review of an ex parte, confidential order issued by the supervising criminal courts judge permitting pretrial defense inspection and testing of a firearm booked in evidence in a murder case. Such orders are unauthorized and unlawful, and we issue our peremptory writ accordingly.

I

The order was issued on September 7, 1999, without notice...

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