People v. Superior Court (Hollenbeck)

The San Luis Obispo County District Attorney’s office and the California Attorney General’s office commenced a criminal proceeding in the Superior Court of San Luis Obispo County (action No. 10599) against 16 defendants for conspiracy to commit the crime of transporting and importing marijuana (Pen. Code, § 182, subd. 1) and for the crimes of unlawful transportation and importation of marijuana (Health & Saf. Code, § 11360, subd. (a)) and unlawful possession of marijuana for sale (Health & Saf. Code, § 11359). Upon motion of defendants, the district attorney’s office was recused from the proceeding on the ground that three present members and one former member of that office could be called upon to supply direct testimony on issues raised in various pretrial motions or to rebut the testimony of others presented at the hearings on those motions. Defendants’ motion to recuse the Attorney General’s office from the proceeding was denied.

In 5 Civil 4219 the San Luis Obispo County District Attorney and the California Attorney General, in the name of the People of the State of California, have petitioned this court for writs of prohibition and mandate to restrain the superior…