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BERARDI v. SUPERIOR COURT

No. D049444.

57 Cal.Rptr.3d 170 (2007)

149 Cal.App.4th 476

George H. BERARDI, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest.

Court of Appeal of California, Fourth District, Division One.

April 6, 2007.

Attorney(s) appearing for the Case

The Law Offices of Jose C. Rojo and Jose C. Rojo, San Diego, for Petitioner.

No appearance for Respondent.

Bonnie M. Dumanis, District Attorney, Jesus Rodriguez, Assistant District Attorney, Craig E. Fisher and Cathy Stephenson, Deputy District Attorneys, for Real Party in Interest.

HALLER, J.

George Berardi filed a pretrial motion to dismiss a grand jury indictment charging him with murder and conspiracy to commit murder. The trial court denied the motion, and Berardi petitioned for writ of mandate requesting that the trial court be ordered to grant his dismissal motion. He contends dismissal is required under Penal Code1 section 939.71 because the prosecution failed...

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