Dustin v. Superior Court (People) (2002)

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[No. F039023. Fifth Dist. Aug. 8, 2002.]

TERRY DALE DUSTIN, Petitioner, v. THE SUPERIOR COURT OF STANISLAUS COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

[Modification of opinion (99 Cal.App.4th 1311).]

WISEMAN, J.-

It is ordered that the opinion filed herein on July 9, 2002, [99 Cal. App. 4th 1311] be modified in the following particulars:

Page 12, in the first paragraph, third sentence [99 Cal. App. 4th 1322, advance report, 2d par., line 7], beginning with the words "By including," is modified to read as follows: By including the "municipal and superior courts," section 190.9 must be read to apply to grand jury proceedings under either of these courts.

Except for the modifications set forth, the opinion previously filed remains unchanged.

These modifications do not effect a change in the judgment.

Vartabedian, J., concurred.

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