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KRUSE v. SUPERIOR COURT

No. C055654.

76 Cal.Rptr.3d 664 (2008)

162 Cal.App.4th 1364

Gabriel Michael KRUSE, Petitioner, v. The SUPERIOR COURT of San Joaquin County, Respondent; The People, Real Party in Interest.

Court of Appeal of California, Third District.

May 15, 2008.

Attorney(s) appearing for the Case

James L. Larsen, Public Defender, and John B. Lauper, and Nelson C. Lu, and Anna G. Teruel, Deputy Public Defenders, for Petitioner.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Stephen G. Herndon, Julie A. Hokans, and Harry Joseph Colombo, Deputy Attorneys General, for Real Party in Interest.

NICHOLSON, J.

Penal Code section 8611 gives the accused a right to a continuous preliminary hearing. It states: "The preliminary hearing shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by affidavit, postpones it ...."(§ 861, subd. (a).)

Petitioner Gabriel Michael Kruse is being prosecuted for several alleged felonies. His preliminary hearing began and was continued...

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