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PEOPLE v. MARTINES

Docket No. 9508.

228 Cal.App.2d 245 (1964)

39 Cal. Rptr. 526

THE PEOPLE, Plaintiff and Respondent, v. RINALDO MARTINES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

June 29, 1964.

Attorney(s) appearing for the Case

Erling J. Hovden, Public Defender, Leon M. Salter and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and George J. Roth, Deputy Attorney General, for Plaintiff and Respondent.

ROTH, J.

Appellant was convicted of violating Health and Safety Code, section 11530, possession of marijuana. No question of the sufficiency of the evidence is raised; appellant's sole ground for reversal is the inadmissibility of the contraband because of an illegal search and seizure.

On July 21, 1963, at 1:15 a.m., Officers Germann and Rosenbrock, while patrolling a high-frequency burglary area, noticed appellant...

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