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MAGANA v. SUPERIOR COURT

No. A153981.

22 Cal.App.5th 840 (2018)

EUDORO MAGANA, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

April 27, 2018.

Attorney(s) appearing for the Case

Law Offices of Daniel Everett and Daniel Everett for Petitioner.

No appearance for Respondent.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Jeffrey M. Laurence , Assistant Attorney General, Laurence K. Sullivan and René A. Chacón , Deputy Attorneys Genreal; Stephen M. Wagstaffe , District Attorney, Sharon K. Cho , Deputy District Attorney, for Real Party in Interest.

OPINION

Defendant Eudoro Magana is charged with two counts of rape. After his trial date was continued four times, defendant's trial counsel, Daniel Everett, sought a fifth continuance, but failed to appear for the hearing on the motion, and the case was assigned out to trial. Everett...

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