Roumbanis

On August 27, 1970, the Santa Clara District Attorney filed a complaint in municipal court charging petitioner with violation of Vehicle Code section 23101 (driving under the influence of liquor with resulting injury to a third person). An amended complaint filed June 3, 1971, charged petitioner with violation of Health and Safety Code section 11500 (possession of a narcotic). On September 28, 1971, the Santa Clara Grand Jury returned an indictment against petitioner charging him with these two violations and also included a charge that at the time of the other offenses petitioner was in possession of a deadly weapon. The charges in the amended complaint were then dismissed on the motion of the district attorney on September 29,1971.

Petitioner’s motions to suppress evidence on the drunk driving charge pursuant to section 1538.5 of the Penal Code, and to dismiss the drug possession charge based on a denial of due process for failure to afford petitioner a speedy trial were denied by the superior court, but the motion to dismiss the charge of being armed with a deadly weapon was granted.

Petitioner seeks a writ of prohibition and mandamus from this court prohibiting the…