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MELISSA J. v. SUPERIOR COURT

Docket No. A036221.

190 Cal.App.3d 476 (1987)

237 Cal. Rptr. 5

MELISSA J., a Minor, etc., et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; CARL EDWARD WILLIAMS, Real Party in Interest.

Court of Appeals of California, First District, Division One.

March 20, 1987.

Attorney(s) appearing for the Case

COUNSEL

Moss & Murphy and Glen L. Moss for Petitioners.

No appearance for Respondent.

David P. Weaver, Jr., for Real Party in Interest.

Wilbur F. Littlefield, Public Defender (Los Angeles), Laurence M. Sarnoff and Albert J. Menaster, Deputy Public Defenders, as Amici Curiae on behalf of Real Party in Interest.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Martin S. Kaye and Catherine A. Rivlin, Deputy Attorneys General, as Amici Curiae, upon the request of the Court of Appeal.

OPINION

WHITE, P.J. —

PETITION FOR WRIT OF MANDATE/PROHIBITION

This petition, brought by the victim of criminal conduct and by her mother, challenges a ruling terminating restitution to the victim. The ruling was made without notice to the victim or an opportunity to object to the defendant's motion to terminate restitution. We conclude that the court violated Penal Code section 1191.1, a provision added as part of...

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