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BRECEDA v. SUPERIOR COURT

No. B244574.

215 Cal.App.4th 934 (2013)

156 Cal. Rptr. 3d 130

MARK BRECEDA et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

April 25, 2013.

Attorney(s) appearing for the Case

Falangetti & Weimortz and Anthony J. Falangetti for Petitioner Mark Breceda.

Byrne & Nixon and Daniel V. Nixon for Petitioner Abe De Dios.

Steven Graff Levine for Petitioner Manuel Garcia.

Law Offices of Matthew M. Horeczko and Matthew M. Horeczko for Petitioner Rosemary Ramirez.

No appearance for Respondent.

Jackie Lacey , District Attorney, Roberta Schwartz , Phyllis C. Asayama and Carolyn Nakaki , Deputy District Attorneys, for Real Party in Interest.

OPINION

JOHNSON, J. —

Petitioners Mark Breceda, Abe De Dios, Manuel Garcia and Rosemary Ramirez seek a writ of prohibition following the trial court's denial of their motion to dismiss an indictment on the ground that the district attorney's office failed to adduce potentially exculpatory evidence to the grand jury as is required by Penal Code section 939.71.1 Petitioners contend that the indictment should therefore be...

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