Legal Opinion
Malone v. Superior Court
California Court of Appeal
Decided April 17, 1975No. Civ. 14888PublishedCited by 9 opinions
1Opinion of the Court
Opinion
FRIEDMAN, Acting P. J.
Opinion on rehearing. Petitioner seeks a writ of prohibition to prevent further proceedings upon an indictment charging him with receiving stolen property (Pen. Code, § 496) and alleging three prior felony convictions.
The prosecution had been initiated by a complaint charging petitioner with burglary and with receiving stolen goods. At the preliminary hearing the district attorney “stipulated” that both charges were to be tried as misdemeanors. 1 Defense counsel joined in the “stipulation.” The magistrate then inquired whether defendant waived formal arraignment…
2Cases cited4 opinions
- People v. OrinCalifornia Supreme Court · 1975
- Esteybar v. Municipal CourtCalifornia Supreme Court · 1971
- Necochea v. Superior CourtCalifornia Court of Appeal · 1972
- People v. AyalaCalifornia Court of Appeal · 1973
3Cited by9 opinions
- Burris v. Superior CourtCalifornia Supreme Court · 2005
- People v. Municipal Court (Mercer)California Court of Appeal · 1979
- Marler v. Municipal CourtCalifornia Court of Appeal · 1980
- Burris v. Superior CourtCalifornia Supreme Court · 2005
- People v. SmithAppellate Division of the Superior Court of California · 2012
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