California Court of Appeal

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People v. Superior Court, B220991

People's petition for writ of mandate from a trial court's exclusion of prosecution witnesses and evidence based on a failure to provide discovery, claiming that the trial court exceeded its jurisdiction under Penal Code section 1054.5(c) because it was required to exhaust less drastic sanction first, is granted as trial court's orders were issued in excess of jurisdiction, and as such, trial court's sanctions order precluding the People from presenting dog scent and gunshot evidence and the witnesses testimony at issue are vacated.

Appellate Information

  • Decided 05/06/2010
  • Published 05/06/2010

Judges

  • ASHMANN-GERST, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Steve Cooley, District Attorney, Irene Wakabayashi and Brentford J. Ferreira, Deputy District Attorneys, for Petitioner., Michael P. Judge, Public Defender, Elizabeth Lashley-Haynes and Albert J. Menaster, Deputy Public Defenders, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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