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PEOPLE v. MARTINEZ

Docket No. 16746.

6 Cal.App.3d 373 (1970)

86 Cal. Rptr. 49

THE PEOPLE, Plaintiff and Appellant, v. FRANK ROBERT MARTINEZ et al., Defendants and Respondents.

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

April 6, 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 Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, James L. McCormick, Dale C. Frailey and Lawrence R. Johnson, Deputy Public Defenders, for Defendants and Respondents.

OPINION

JEFFERSON, J.

This is an appeal by the People (under Pen. Code, § 1238, subd. 7), from an order of dismissal entered after evidence was suppressed under Penal Code, section 1538.5. For reasons to follow, we have concluded that the order of dismissal must be reversed.

On December 9, 1968, at about 5:15 p.m., Officer Sonntag and his partner were on routine patrol in...

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