PEOPLE v. McLEAN

Docket No. 17382.

6 Cal.App.3d 300 (1970)

85 Cal. Rptr. 683

THE PEOPLE, Plaintiff and Appellant, v. DENNIS RAY McLEAN, Defendant and Respondent.

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

April 2, 1970.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Maurice H. Oppenheim, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, James L. McCormick, Thomas J. Hutchins and Leighton A. Nugent, Deputy Public Defenders, for Defendant and Respondent.


OPINION

LILLIE, J.

An information charged defendant with possession of heroin (§ 11500, Health & Saf. Code), and alleged one prior felony conviction. His motion to suppress evidence under section 1538.5, Penal Code, was heard before the trial of the cause. One witness, Officer Michael Davis, testified. The trial court found as a matter of law that the evidence was unlawfully seized, granted the motion and dismissed the case...

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