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PEOPLE v. MEDINA

Docket No. 18634.

15 Cal.App.3d 845 (1971)

93 Cal. Rptr. 560

THE PEOPLE, Plaintiff and Appellant, v. JOSE MEDINA, JR., Defendant and Respondent.

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

March 5, 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 Harry B. Sondheim, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, James L. McCormick, Dale C. Frailey and Dennis A. Fischer, Deputy Public Defenders, for Defendant and Respondent.

OPINION

FLEMING, J.

Appeal by the People from the dismissal of an information.

On 9 March 1970 Jose Medina, Jr., was arrested on a public street in Azusa. At the time of his arrest he was staggering and swaying, he spoke with slurred speech, his eyes were watery, bloodshot, and glassy, and he was unable to pass a sobriety test. His breath did not smell of alcohol, and a post-arrest search disclosed dangerous drugs on his person...

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