Provencher v. Municipal Court for North County Judicial District

Opinion

BROWN (Gerald), P. J.

Robert F. Provencher appeals a judgment denying his petition for a peremptory writ of mandate to compel the municipal court to strike a prior drunk driving conviction in his prosecution on a current charge of drunk driving.

The superior court reached the merits of Provencher’s petition. We decline that invitation and in so doing, suggest the trial court, as a matter of policy, should have declined also. This suggestion is without any implication the trial court ruled erroneously. The implication is that the trial court erroneously ruled (on the merits).

Insofar as…