Bortin

In this proceeding in mandate we first denied, without hearing or opinion, petitioner Michael Alexander Bortin’s petition as unmeritorious. Thereafter the Supreme Court granted a hearing following which the matter was retransferred to this court “with directions to issue an alternative writ of mandamus to be heard ... when the proceeding is ordered on calendar. (See Murgia v. Municipal Court (1975) 15 Cal.3d 286 [ 124 Cal.Rptr. 204 , 540 P.2d 44 ].)” Thereafter, having considered the cause in the light of Murgia , we again denied Bortin’s petition. On his petition for rehearing of the matter we concluded that we had probably erred, and granted the rehearing.

We therefore again consider Bortin’s contentions.

In the proceedings below, Bortin was charged with perjury, a violation of Penal Code section 118. It was alleged that he had made a material false statement, under oath, in an application to the Department of Motor Vehicles for a driver’s license. Bortin moved for a dismissal of the charge on the ground that he was the object of “invidious selective prosecution” and was thus denied equal protection of the laws, in abrogation of the rule expounded in Yick Wo v.…