Baker v. Superior Court

Opinion

ROTH, P. J.

Petitioner Charles E. Baker seeks a writ prohibiting the respondent court from proceeding with a trial on seven counts, each charging violation of Health and Safety Code section 11912.

The facts underlying the charges are fairly summarized in the People’s brief:

“Each count involves the same basic factual situation: defendant, a doctor (whether it was adequately shown that he was licensed being in dispute), wrote a prescription without any showing of medical need therefor, simply at the request of the ‘patient.’ In fact, these ‘patients’ were undercover operatives. Defendant…