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PORTER v. SUPERIOR COURT

No. H029884.

56 Cal.Rptr.3d 240 (2007)

148 Cal.App.4th 889

Anthony PORTER, Petitioner, v. The SUPERIOR COURT of Monterey County, Respondent, The People, Real Party in Interest.

Court of Appeal of California, Sixth District.

March 20, 2007.

Attorney(s) appearing for the Case

Glenn A Nolte, Public Defender, and Romano Clark, Deputy Public Defender, for Petitioner.

No Appearance for Respondent.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Sr. Assistant Attorney General, Seth K. Schalit and William Kuimelis, Deputy Attorneys General, for Real Party In Interest.

ELIA, J.

Petitioner Anthony Porter, the criminal defendant in the underlying prosecution for attempted murder and other felonies arising from a drive-by shooting, filed a petition for writ of mandate to compel respondent superior court to vacate its order denying petitioner's motion to dismiss this action on double jeopardy grounds and to enter a different order granting the motion or for a writ of mandate

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