[Download] "People v. Superior Court of Solano County" by First Appellate District, Division Two District Court Of Appeal Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Superior Court of Solano County
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 26, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The People present the same question, both by petition for writ of mandate in Civil No. 20365, and by appeal from an order dated September 18, 1961, dismissing the action against defendant, Duane Howard Kasparek, in Criminal No. 4078. On July 10, 1961, defendant was charged by information with petty theft, and with a prior conviction for petty theft in the Justice Court of Solano County in December, 1958. Defendant was arraigned on July 17, 1961, and on July 24, 1961, duly entered a plea of guilty to the information; no plea was entered as to the prior conviction. Defendants counsel made a motion to have the matter referred to the probation officer for investigation and for delay in the pronouncement of judgment and sentence. This motion was granted and the matter further continued until September 18, at which time, the court made the following minute order: "Now come Deputy District Attorney E. Glynn Stanley and the defendant and his counsel, Edmund Pahl, to the bar of this Court, this being the time set for further consideration of the report of the Probation Officer and for Pronouncing of Judgment and Sentence. Bernard Dion, Deputy Solano County Probation Officer, is duly sworn and makes his further report. The Court, upon hearing the testimony of Dr. Arnold R. Lewis, who is duly sworn, orders the case dismissed. Defendant is ordered released from custody." On September 21, 1961, the People filed their notice of appeal from this order in Criminal No. 4078, and on December 12 filed the petition for a writ of mandate in Civil No. 20365.
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