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PEOPLE v. SHANE

No. G032339.

8 Cal.Rptr.3d 753 (2004)

115 Cal.App.4th 196

The PEOPLE, Plaintiff and Respondent, v. Michael SHANE, Defendant and Appellant.

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

Rehearing Denied February 25, 2004.

Review Denied April 14, 2004.

Attorney(s) appearing for the Case

Deborah A. Kwast, Interim Public Defender, Kevin Phillips, Assistant Public Defender, and Donald E. Landis, Jr., Deputy Public Defender, for Defendant and Appellant.

Tony Rackauckas, District Attorney, and Brian F. Fitzpatrick, Deputy District Attorney, for Plaintiff and Respondent.

OPINION

RYLAARSDAM, J.

This case comes to us on certification from the appellate division of the superior court to decide two unsettled questions of law: (1) whether a trial court's due diligence determination in the context of a defendant's right to a speedy trial is subject to independent review or limited to review for abuse of discretion; and (2) whether, as a matter of law, the prosecution was required...

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