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MENDEZ v. SUPERIOR COURT

No. D051512.

76 Cal.Rptr.3d 538 (2008)

162 Cal.App.4th 827

Eduardo MENDEZ, 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 30, 2008.

Attorney(s) appearing for the Case

Steven J. Carroll, Public Defender, Saba Sheiban and Laura Arnold, Deputy Public Defenders, for Petitioner.

Bonnie M. Dumanis, District Attorney, Jesus Rodriguez, Assistant District Attorney, Catherine Stephenson and D. Elisabeth Silva, Deputy District Attorneys, for Real Party in Interest.

O'ROURKE, J.

Eduardo Mendez seeks a writ of prohibition against the trial court's order denying his motion to dismiss under Penal Code section 1382.1 Mendez contends: (1) the People, in seeking a continuance, failed to comply with the written notice and pleading requirements of section 1050, subd. (b); (2) the prosecutor's scheduling problems did not require a continuance of as many as 10...

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