What is the test for review by writ?

California, United States of America


The following excerpt is from People v. Superior Court (Lozano), 137 Cal.Rptr. 767, 69 Cal.App.3d 57 (Cal. App. 1977):

The People contend that review by writ in the instant case is appropriate because the superior court acted in excess of its jurisdiction in failing to apply the relevant statutes (Pen. Code, 213, 461) and in failing to follow controlling precedent (People v. Cardenas (1975) 48 Cal.App.3d 203, 121 Cal.Rptr. 426), and that the remedy by appeal is not speedy and therefore not adequate.

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