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IN RE AZURIN

No. D034571.

104 Cal.Rptr.2d 284 (2001)

87 Cal.App.4th 20

In re Greg AZURIN on Habeas Corpus.

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

As Modified on Denial of Rehearing February 14, 2001.

Review Denied May 2, 2001.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Stephen E. Carr, Deputy District Attorneys, for Appellant the People.

Richard P. Siref, San Diego, under appointment by the Court of Appeal, for Respondent Greg Azurin.

KREMER, P.J.

The People appeal from the order of the superior court granting Greg Azurin's petition for a writ of habeas corpus permitting Azurin to withdraw his plea of guilty to discharging a firearm at an occupied motor vehicle. (Pen.Code, § 246.)1 The People contend the superior court lacked habeas corpus jurisdiction because Azurin was assertedly not in state custody, either actual or constructive, at the time he filed his petition...

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