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PEOPLE v. DAVIS

Docket No. 20117.

20 Cal.App.3d 890 (1971)

98 Cal. Rptr. 71

THE PEOPLE, Plaintiff and Appellant, v. FRED SIDNEY DAVIS, SR., Defendant and Respondent.

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

October 29, 1971.

Attorney(s) appearing for the Case

COUNSEL

David D. Minier, District Attorney, G. Bruce Gourley, Assistant District Attorney, and James W. Houlihan, Deputy District Attorney, for Plaintiff and Appellant.

Davis, Wendt & Mitchell and Robert D. Wendt for Defendant and Respondent.

OPINION

THOMPSON, J.

This is a People's appeal pursuant to Penal Code section 1238, subdivision (8) from an order of the superior court dismissing criminal proceedings against respondent because of suppression of evidence by the prosecution. We reverse the judgment of dismissal and remand the matter to the trial court for determination of whether that suppression of evidence has irreparably impaired respondent's right to a fair and...

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