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RESTANI v. SUPERIOR COURT

Docket No. 28298.

13 Cal.App.3d 189 (1970)

91 Cal. Rptr. 429

JAMES JOSEPH RESTANI, Petitioner, v. THE SUPERIOR COURT OF LAKE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

December 1, 1970.

Attorney(s) appearing for the Case

COUNSEL

Jennings, Gartland & Tilly, Michael T. Morton and John F. Henning for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Derald E. Granberg, Deputy Attorney General, for Real Party in Interest.

OPINION

MOLINARI, P.J.

Petitioner was charged with possession of a restricted dangerous drug, to wit, amphetamine, in violation of Health and Safety Code section 11910, and with possession of marijuana, in violation of Health and Safety Code section 11530. A motion to suppress evidence pursuant to Penal Code section 1538.5 was denied by the superior court and we issued an alternative writ of prohibition in order to provide appellate...

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