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PEOPLE v. JOHNSON

Docket No. 18531.

15 Cal.App.3d 936 (1971)

93 Cal. Rptr. 534

THE PEOPLE, Plaintiff and Appellant, v. ERROL JOHNSON, Defendant and Respondent.

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

March 10, 1971.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Harry B. Sondheim, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, James L. McCormick, David J. Lafaille and David A. Sanders, Deputy Public Defenders, for Defendant and Respondent.

OPINION

HERNDON, J.

(1) The People appeal from the order of dismissal entered following the granting of respondent's motion to suppress evidence under Penal Code section 1538.5. We have concluded that these orders must be reversed.

The evidence received in the instant proceeding is undisputed and without conflict. The trial court's comments make clear that its decision was based solely upon its interpretation...

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