HEWITT v. SUPERIOR COURT

Docket Nos. 27454, 27462.

5 Cal.App.3d 923 (1970)

85 Cal. Rptr. 493

DARYL DEAN HEWITT, Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. AUGUST DEAN KERNS, Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Consolidated Cases.)

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

March 25, 1970.


Attorney(s) appearing for the Case

COUNSEL

August Dean Kerns, in pro. per., Bowen & DeRonde and John E. Bowen for Petitioners.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Derald E. Granberg and Gary Garfinkle, Deputy Attorneys General, for Respondent and for Real Party in Interest.


OPINION

CHRISTIAN, J.

Petitioners were charged with possession of marijuana (Health & Saf. Code, § 11530) and possession of a dangerous drug (Health & Saf. Code, § 11910). After denial of their motion to suppress evidence under Penal Code section 1538.5, petitioners seek prohibition to restrain further proceedings. If petitioners' contentions are meritorious, the proper relief is suppression of the evidence, rather...

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