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PEOPLE v. MESARIS

Docket No. 18630.

14 Cal.App.3d 71 (1970)

91 Cal. Rptr. 837

THE PEOPLE, Plaintiff and Respondent, v. LEROY ALLEN MESARIS, Defendant and Appellant.

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

December 31, 1970.

Attorney(s) appearing for the Case

COUNSEL

Freedman & Osborne and Carl K. Osborne for Defendant and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorney General, Russell Iungerich and Allan J. Goodman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

COBEY, J.

Leroy Allen Mesaris appeals from a judgment (order granting probation) following his being found guilty of possession of marijuana for sale. (Health & Saf. Code, § 11530.5.) (1a) The sole basis for the appeal is that the marijuana was obtained by the police by an unconstitutional search and seizure. We agree and reverse.

THE FACTS

About 3:15 to 3:30 p.m. on February 2, 1969...

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