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BARNES v. SUPERIOR COURT

No. B152112.

117 Cal.Rptr.2d 621 (2002)

96 Cal.App.4th 631

Dale Sheldon BARNES, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

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

February 28, 2002.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Beatrice Ingram, Mark Harvis and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Steve Cooley, District Attorney, Patrick D. Moran and Brentford J. Ferreira, Deputy District Attorneys, for Real Party in Interest.

CROSKEY, J.

Petitioner, Dale Sheldon Barnes, seeks a writ of mandate directing the trial court, Judge Teri Schwartz, to vacate its order denying his request to have his second motion to suppress evidence heard by the same judge who granted his first motion, Judge Terry Smerling. Barnes asserts the trial court erred in concluding the People's affidavit, filed as to Judge Smerling pursuant to Code of Civil Procedure...

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