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CUCCIA v. SUPERIOR COURT

No. B197278.

62 Cal.Rptr.3d 796 (2007)

153 Cal.App.4th 396

153 Cal.App.4th 347

Salvatore David CUCCIA, Petitioner, v. The SUPERIOR COURT of Ventura County, Respondent, The People, Real Party in Interest.

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

July 16, 2007.

Attorney(s) appearing for the Case

Rudy Kraft, under appointment by the Court of Appeal, for Petitioner.

Gregory D. Totten, District Attorney, Michelle J. Contois, Deputy District Attorney, for real party in interest.

No appearance for Respondent.

OPINION AND ORDER GRANTING A PETITION FOR A PEREMPTORY WRIT OF MANDATE

YEGAN, J.

The doctrine of stare decisis requires a trial court to follow an unambiguous published holding of the Court of Appeal, even if the trial court believes that the appellate opinion was erroneously decided. This, we had assumed, was fairly obvious to every trial court judge; that is, until now.

Salvatore David Cuccia (Petitioner) seeks a writ of mandate directing the respondent...

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