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PEOPLE v. SUPERIOR COURT

No. B193386.

51 Cal.Rptr.3d 356 (2006)

145 Cal.App.4th 32

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Humberto S., Real Party in Interest.

Court of Appeal of California, Second District, Division Seven.

As Modified November 29, 2006.

Attorney(s) appearing for the Case

Steve Cooley, District Attorney, William Woods and Tracey Lopez, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Michael P. Judge, Public Defender, Albert J. Menaster, Kelly O'Brien and Maureen Pacheco, Deputy Public Defenders for Real Party in Interest.

ZELON, J.

In this case, members of the Los Angeles County District Attorney's office were ordered recused from further participation in a juvenile proceeding in light of a series of pre-trial motions. This action was not precipitously or lightly taken by the trial court, nor should it have been. When, however, the record presents evidence that prosecutors in a matter may fail to exercise their discretion in an appropriate...

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