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PEOPLE v. WILKEN

Docket No. 19724.

20 Cal.App.3d 872 (1971)

97 Cal. Rptr. 925

THE PEOPLE, Plaintiff and Appellant, v. WADE LEROY WILKEN, Defendant and Respondent.

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

October 28, 1971.

Attorney(s) appearing for the Case

COUNSEL

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

Robert S. Canter for Defendant and Respondent.

OPINION

KINGSLEY, J.

The People appeal, pursuant to subdivision (7) of section 1238 of the Penal Code, from an order dismissing a criminal prosecution under section 1385 of the Penal Code after the entry of an order pursuant to section 1538.5 suppressing evidence. (1a) For the reasons set forth below, we conclude that the 1538.5 motion was improperly granted and, therefore, that the dismissal was erroneous.

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