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MILLER v. SUPERIOR COURT

No. G029632.

124 Cal.Rptr.2d 591 (2002)

101 Cal.App.4th 728

Steven Robert MILLER, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; People of the State of California, Real Party In Interest.

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

Rehearing Denied September 13, 2002.

Review Denied November 26, 2002.

Attorney(s) appearing for the Case

Dennis P. O'Connell, Anaheim, for Petitioner.

No appearance for Respondent.

Tony Rackauckas, District Attorney and Brian Fitzpatrick, Deputy District Attorney for Real Party in interest.

OPINION

MOORE, J.

During the last three and one-half years, the Orange County District Attorney's Office (the district attorney) has filed three criminal complaints charging petitioner Steven Robert Miller with robbery, first-degree burglary, and automobile theft, conducted three preliminary examinations, and twice dismissed the action on the eve of trial. After the third filing, petitioner unsuccessfully moved to dismiss the complaint, relying on Penal...

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