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NETZLEY v. SUPERIOR COURT

No. E040033.

72 Cal.Rptr.3d 773 (2008)

160 Cal.App.4th 348

Phillip NETZLEY, Petitioner, v. The SUPERIOR COURT of San Bernardino County, Respondent; The People, Real Party in Interest.

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

February 22, 2008.

Attorney(s) appearing for the Case

Doreen Boxer, Public Defender, Gerald Farber, Interim Public Defender, Jerry Bynum, Chief Deputy Public Defender, and George Wright, Deputy Public Defender, for Petitioner.

No appearance by Respondent.

Michael A. Ramos, District Attorney, Grover D. Merritt and Mark Vos, Lead Deputy District Attorneys, and Brent J. Schultze, Deputy District Attorney, for Real Party in Interest.

OPINION ON REHEARING

McKINSTER J.

Petitioner, Phillip Netzley, moved to dismiss criminal charges pending against him because of an alleged violation of the Interstate Agreement on Detainers (IAD). (Pen.Code,1 § 1389.) The trial court denied the motion to dismiss, and petitioner filed for a writ of mandate.

The issue presented in this case is whether petitioner was...

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