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COLLINS v. SUPERIOR COURT

No. B147822.

108 Cal.Rptr.2d 123 (2001)

89 Cal.App.4th 1244

Christopher Charles COLLINS, Petitioner, v. The SUPERIOR COURT of Ventura County, Respondent; The People, Real Party in Interest.

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

Review Denied September 19, 2001.

Attorney(s) appearing for the Case

Kenneth I. Clayman, Public Defender and Michael C. McMahon, Chief Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Michael D. Bradbury, District Attorney, Terence M. Kilbride and Michael D. Schwartz, Senior Deputy District Attorneys, for Real Party in Interest.

PERREN, J.

A party testified falsely while under oath at his deposition. The original transcript of the deposition, unseen by the deponent, is sent to his counsel where it remains. Here we conclude that, although the testimony purportedly was false, it was contained in a document that was yet to be delivered and, therefore, did not constitute perjury in violation of Penal Code section 118.1 We issue a writ of prohibition.

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