THE PEOPLE, Plaintiff and Appellant,
v.
LEROY MARTIN, Defendant and Respondent.
Court of Appeals of California, First District, Division Three.https://leagle.com/images/logo.png
December 20, 1978.
December 20, 1978.
Attorney(s) appearing for the Case
COUNSEL
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Martin S. Kaye, Deputy Attorneys General, for Plaintiff and Appellant.
Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Clifton R. Jeffers, Chief Assistant State Public Defender, Ezra Hendon and Dennis P. Riordan, Deputy State Public Defenders, for Defendant and Respondent.
Court of Appeals of California, First District, Division Three.
OPINION
WHITE, P.J.
This is an appeal by the People from an order1 of the Superior Court of Monterey County granting respondent Leroy Martin's motion to dismiss the allegation of prior convictions of felonies in an amended information. We decide that when a conviction is affirmed but remanded to the trial court to give the People an opportunity to prove the alleged "priors," that upon the filing of the...
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