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GARCIA v. SUPERIOR COURT

No. H033111.

177 Cal.App.4th 803 (2009)

EDGARDO GARCIA, Petitioner, v. THE SUPERIOR COURT OF MONTEREY COUNTY, Respondent, THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Sixth District.

September 17, 2009.

Attorney(s) appearing for the Case

James S. Egar, Public Defender, and Michelle C. Wouden, Deputy Public Defender, for Petitioner.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman and Sharon G. Birenbaum, Deputy Attorneys General, for Respondent.

No appearance for Real Party in Interest.

OPINION

McADAMS, J.—

Petitioner Edgardo Garcia requests the issuance of a writ of mandate directing the trial court to vacate its order denying his motion to set aside count 3 of the information pursuant to Penal Code section 995, and to enter a new order dismissing count 3 of the information.1 The question presented is whether the trial court erred in granting the People's request to reopen the preliminary...

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