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LOPEZ v. SUPERIOR COURT

No. G039025.

72 Cal.Rptr.3d 929 (2008)

160 Cal.App.4th 824

Anthony LOPEZ, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; The People, Real Party In Interest.

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

February 29, 2008.

Attorney(s) appearing for the Case

Deborah A. Kwast, Orange County Public Defender, Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, Martin F. Schwarz, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Tony Rackauckas, Orange County District Attorney, John R. Maxfield, Deputy District Attorney, for Real Party in Interest.

OPINION

SILLS, P.J.

Anthony Lopez petitioned us for a stay of his jury trial and a writ of prohibition/mandate on several grounds. We denied his requests summarily, but the California Supreme Court granted review of the case, transferring the matter back to us with directions "to vacate [our] order denying the petition for writ ... and to issue an alternative writ with respect to petitioner's demurrer to the sentencing allegation under Penal Code...

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