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NAZIR v. SUPERIOR COURT

No. B310806.

79 Cal.App.5th 478 (2022)

REHAN NAZIR, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

June 2, 2022.

Attorney(s) appearing for the Case

Okabe & Haushalter, Mark Haushalter , Joe Weimortz ; Kravis, Graham & Zucker, Bruce Zucker and Thomas Ian Graham for Petitioner.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Susan Sullivan Pithey , Assistant Attorney General, Michael R. Johnsen and Blythe J. Leszkay , Deputy Attorneys General, as Amicus Curiae on behalf of Petitioner and Real Party in Interest.

Claudia Y. Bautista , Public Defender (Ventura), and Michael C. McMahon , Deputy Public Defender, for California Public Defenders Association and Claudia Y. Bautista, Public Defender, as Amicus Curiae on behalf of Petitioner.

Michael Romano , Erwin Chemerinsky and Miriam Krinsky for 76 Current and Former Elected Prosecutors and Attorneys General as Amicus Curiae on behalf of Petitioner.

Frederick R. Bennett for Respondent.

Browne George Ross O'Brien Annaguey & Ellis, Eric M. George , Thomas P. O'Brien , Nathan J. Hochman , David J. Carroll and Matthew O. Kussman for Association of Deputy District Attorneys for Los Angeles County as Amicus Curiae on behalf of Respondent.

Greg D. Totten and Robert P. Brown , Chief Deputy District Attorneys (San Bernardino), for California District Attorneys Association as Amicus Curiae on behalf of Respondent.

Kent S. Scheidegger and Kymberlee C. Stapleton for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Respondent.

George Gascón , District Attorney, Diana M. Teran , Deputy District Attorney; Hogan Lovells, Stephanie Yonekura , Neal Kumar Katyal , Jo-Ann Tamila Sagar and Danielle Desaulniers Stempel for Real Party in Interest.

OPINION

INTRODUCTION

"[T]here is a long history of dispute among the various branches of state government over the application of [Penal Code] section 1385 to sentencing allegations."1 (People v. Superior Court (Romero) (1996) 13 Cal.4th 497

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