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PEOPLE v. SUPERIOR COURT

No. H025229.

7 Cal.Rptr.3d 862 (2003)

114 Cal.App.4th 713

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; Beverly Cooper, Real Party in Interest.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing January 15, 2004.

Attorney(s) appearing for the Case

George W. Kennedy, District Attorney, Marilyn Masciarelli, Deputy District Attorney, for Petitioner: The People.

Jose R. Villarreal, Public Defender, Barbara B. Fargo, Deputy Public Defender, David Tarica, Deputy Public Defender, for Real Party in Interest: Beverly Cooper.

PREMO, J.

This original proceeding arises from a prosecution for possession of methamphetamine. It is a People's petition seeking a writ of mandate directing respondent court to vacate its order rejecting a Code of Civil Procedure section 170.6 peremptory challenge.1 The question is whether the reasoning of People v. Superior Court (Jimenez) (2002) 28 Cal.4th 798,

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