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PEOPLE v. YNIGUEZ

Docket No. 19019.

15 Cal.App.3d 669 (1971)

93 Cal. Rptr. 444

THE PEOPLE, Plaintiff and Appellant, v. ASCENSION YNIGUEZ, Defendant and Respondent.

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

February 26, 1971.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger and Joseph P. Busch, Jr., District Attorneys, Harry Wood and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, James L. McCormick, Duane Peterson and Arthur L. Rolston, Deputy Public Defenders, for Defendant and Respondent.

OPINION

THOMPSON, J.

This is a People's appeal from a dismissal of a criminal action after the granting of a motion to suppress evidence pursuant to Penal Code section 1538.5. We reverse the judgment of dismissal.

At about 2:15 a.m., on April 15, 1970, appellant was lawfully arrested for driving an automobile while under the influence of alcohol in violation of Vehicle Code section...

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