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BARRIGA v. SUPERIOR COURT

No. C068063.

206 Cal.App.4th 739 (2012)

142 Cal. Rptr. 3d 110

OCTAVIO BARRIGA, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

As modified June 7, 2012.

Attorney(s) appearing for the Case

Harry E. Hudson, Jr. , for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Michael P. Farrell , Assistant Attorney General, R. Todd Marshall and A. Kay Lauterbach , Deputy Attorneys General, for Real Party in Interest.

OPINION

ROBIE, J.—

In late November 2010, the police stopped a Ford Mustang that had been carjacked; petitioner Octavio Barriga was a passenger in the car. After the car's owner told police Barriga was not one of his assailants, the People charged Barriga in a juvenile wardship proceeding with unlawfully taking or driving a vehicle and resisting a peace officer (among other charges), but did not charge him with carjacking.

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