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PEOPLE v. PETTINGILL

Docket No. Crim. 20077.

21 Cal.3d 231 (1978)

578 P.2d 108

145 Cal. Rptr. 861

THE PEOPLE, Plaintiff and Respondent, v. FRANK JAY PETTINGILL, Defendant and Appellant.

Supreme Court of California.

May 9, 1978.

Attorney(s) appearing for the Case

COUNSEL

Franklyn S. Michaelson, under appointment by the Supreme Court, and Hatch & Parent for Defendant and Appellant.

Roger S. Hanson, John M. Pitkin and Cherie A. Parker as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Robert F. Katz and Kent M. Bridwell, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

Defendant was charged with four counts of burglary (Pen. Code, § 459) and pleaded not guilty. Pursuant to Penal Code section 1538.5 he moved to suppress a confession he had made while in jail, together with certain physical evidence found in a search to which he had consented in the course of the confession. The motion was denied. Defendant then withdrew his original pleas and pleaded guilty to two counts of...

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