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PEOPLE v. MARTINEZ

Docket No. 9169.

228 Cal.App.2d 739 (1964)

39 Cal. Rptr. 839

THE PEOPLE, Plaintiff and Appellant, v. ALBERT VALENCIA MARTINEZ, Defendant and Respondent.

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

July 28, 1964.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, William B. McKesson, District Attorney (Los Angeles County), Harry Wood, Robert J. Lord and Harry Sondheim, Deputy District Attorneys, for Plaintiff and Appellant.

Paul Augustine, Jr., under appointment by the District Court of Appeal, for Defendant and Respondent.

WOOD, P.J.

By information filed by the District Attorney of Los Angeles County the defendant was accused of the crime of violation of section 23105 of the Vehicle Code, a felony, in that he unlawfully drove a vehicle upon a highway while addicted to the use and under the influence of narcotic drugs.

Defendant made a motion under section 995 of the Penal Code to set aside the information "on the basis of illegal arrest." The motion was granted.

The...

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