Harty

*747 Opinion

In this proceeding for extraordinary relief petitioner Frank W. Harty, the Sheriff of San Joaquin County, challenges an order made by respondent superior court releasing to real party in interest, Monte McFall, the Marshal of the Manteca-Ripon-EscalonTracy (Manteca) Municipal Court District, a .45 caliber Colt Commander pistol. The pistol had previously been seized by the Manteca Police Department from Gary Michael Hall who, as a consequence, was charged in the Manteca Municipal Court with a violation of Penal Code section 12025, prohibiting the concealed carrying of a concealable firearm without a license. (Hereafter all statutory references are to sections of the Penal Code.) Hall had pleaded guilty and the firearm had been confiscated by the municipal court, which ordered it transferred from the Manteca Police Department to the custody of the marshal for use in his official duties. The firearm had not been received in evidence in the municipal court proceedings.

The pistol was later surrendered by the marshal to sheriff’s officers of petitioner’s department in connection with an allegation of criminal conduct on the part of the marshal. Upon investigation, the…