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STANLEY v. SUPERIOR COURT

No. B238486.

206 Cal.App.4th 265 (2012)

141 Cal. Rptr. 3d 675

JOSEPH CARL STANLEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

May 22, 2012.

Attorney(s) appearing for the Case

Ronald L. Brown , Public Defender, Michael Pentz and John Hamilton Scott , Deputy Public Defenders, for Petitioner.

Steve Cooley , District Attorney, Phyllis Asayama , Brentford Ferreira and Serena R. Murillo , Deputy District Attorneys, for Real Party in Interest.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, James William Bilderback II and Scott A. Taryle , Deputy Attorneys General, as Amicus Curiae on behalf of Real Party in Interest.

OPINION

CROSKEY, J.—

In Curry v. Superior Court (1970) 2 Cal.3d 707, 713 [87 Cal.Rptr. 361, 470 P.2d 345] (Curry), our Supreme Court held that "mere silence" in the face of the proposed discharge of a jury does not constitute consent to the dismissal of...

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