(DOWNLOAD) "People V. Superior Court Of San Mateo County" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: People V. Superior Court Of San Mateo County
- Author : Supreme Court Of California
- Release Date : January 27, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The sole issue in this proceeding for writ of mandate is whether under the rule of People v. Tenorio (1970) 3 Cal. 3d 89 [89 Cal. Rptr. 249, 473 P.2d 993], Esteybar v. Municipal Court (1971) 5 Cal. 3d 119 [95 Cal. Rptr. 524, 485 P.2d 1140], People v. Navarro (1972) 7 Cal. 3d 248 [102 Cal. Rptr. 137, 497 P.2d 481], and People v. Clay (1971) 18 Cal. App. 3d 964 [96 Cal. Rptr. 213] (hg. den.), the district attorney may constitutionally exercise a veto power over the decision of a trial judge to order that a defendant charged with a narcotics offense be "diverted" into a pretrial program of treatment and rehabilitation. (Pen. Code, §§ 1000-1000.4.) We conclude that the court below was correct in ruling such a veto to be violative of the venerable constitutional doctrine of separation of powers (Cal. Const., art. III, § 3), and hence that the writ should be denied.
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