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Legal Opinion

People v. Superior Court (Alvarado)

California Court of Appeal

Decided January 25, 1989No. B035972PublishedCited by 21 opinions

1Opinion of the Court

Opinion

KLEIN, P. J.

The People seek review of an order granting real party in interest, Fabian Lopez Alvarado (Alvarado), probation upon his conviction after guilty plea of sale of marijuana. (Health & Saf. Code, § 11360, subd. (a).) We issued an alternative writ in order to determine whether a trial court has discretion to refuse to allow the People to amend a complaint to allege a prior felony conviction after a guilty plea has been entered in municipal court. Although we conclude the trial court has such discretion, failure to allow the amendment here constituted an abuse. Accordingly, the…

2Cases cited18 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. People v. GilbertCalifornia Supreme Court · 1969
  3. Agricultural Labor Relations Board v. Superior CourtCalifornia Supreme Court · 1976
  4. Bowland v. Municipal CourtCalifornia Supreme Court · 1976
  5. In Re Marriage of ConnollyCalifornia Supreme Court · 1979

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3Cited by21 opinions

  1. People v. MichaelsCalifornia Supreme Court · 2002
  2. People v. ValladoliCalifornia Supreme Court · 1996
  3. People v. SipeCalifornia Court of Appeal · 1995
  4. People v. Leonard CA4/1California Court of Appeal · 2014
  5. Michael Cuero v. Matthew CateCourt of Appeals for the Ninth Circuit · 2016

16 more not listed; retrieve them via the Exa API.

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