BURRIS v. SUPERIOR COURT

Docket No. 2349.

43 Cal.App.3d 530 (1974)

117 Cal. Rptr. 898

LEONARD BURRIS, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

November 26, 1974.


Attorney(s) appearing for the Case

COUNSEL

James B. Oliver for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Willard F. Jones and William G. Prahl, Deputy Attorneys General, for Real Party in Interest.


OPINION

FRANSON, J.

Proceeding in prohibition to restrain the further prosecution of petitioner on felony counts of perjury and grand theft. Writ denied.

The petition presents a question of first impression: Does a magistrate at a preliminary hearing on a complaint charging both a felony and a misdemeanor offense have jurisdiction to pronounce judgment and impose sentence on the misdemeanor charge absent a contemporaneous...

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