What is the legal test for dismissing a petition for a writ of appeal?
California, United States of America
The following excerpt is from People v. Colds, 125 Cal.App.3d 860, 178 Cal.Rptr. 430 (Cal. App. 1981):
1 The case law indicates that the People may proceed either by appeal or by writ (People v. Martinez (1979) 88 Cal.App.3d 890, 893-894, 152 Cal.Rptr. 204.) Here, since the case is ready for decision on the appeal, resort to a writ is unnecessary. We therefore elect to proceed on the appeal and dismiss the petition for a writ.
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