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PEOPLE v. SUPERIOR COURT

Docket No. L.A. 29711.

2 Cal.3d 527 (1970)

468 P.2d 211

86 Cal. Rptr. 83

THE PEOPLE et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; PETER ALEC SYVINSKI, Real Party in Interest.

Supreme Court of California. In Bank.

May 5, 1970.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Mark L. Christiansen, Deputy Attorney General, James Don Keller, District Attorney, and Dick Hanscom, Deputy District Attorney, for Petitioners.

Bertram McLees, Jr., County Counsel, and Mary Gell, Deputy County Counsel, for Respondent.

James N. Pendleton, under appointment by the Supreme Court, for Real Party in Interest.

OPINION

BURKE, J.

In December 1968, the real party in interest, Peter Alex Syvinski, was arrested for possession of marijuana. (Health & Saf. Code, § 11530.) At the time of his arrest, Syvinski was confined at a prison forestry camp operated by the Department of Corrections and was serving a prison sentence on an earlier charge of possession of marijuana. Syvinski was tried and convicted for the subsequent offense, but on...

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