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AVITIA v. SUPERIOR COURT

No. S242030.

6 Cal.5th 486 (2018)

LEO BRIAN AVITIA, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 24, 2018.

Attorney(s) appearing for the Case

David J. Cohen and Alexander P. Guilmartin for Petitioner.

No appearance for Respondent.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Rachelle A. Newcomb and Catherine Chatman , Deputy Attorneys General, for Real Party in Interest.

OPINION

After a prosecutor questioned and dismissed a grand juror outside the presence of other jurors and the trial court, the resulting grand jury returned an indictment against defendant Leo Brian Avitia. Before trial, Avitia moved to set aside the indictment under Penal Code section 995 on the ground that the prosecutor...

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