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PEOPLE v. SUPERIOR COURT

Docket No. 31915.

29 Cal.App.3d 397 (1972)

105 Cal. Rptr. 695

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MONTEREY COUNTY, Respondent; CARMELO IVAN COLON, Real Party in Interest.

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

December 14, 1972.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, and Derald E. Granberg, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

Harkjoon Paik, Public Defender, and David A. Barish, Deputy Public Defender, for Real Party in Interest.

William R. Higham, Peter M. Brown and Rose Elizabeth Bird as Amici Curiae on behalf of Real Party in Interest.

OPINION

WEINBERGER, J.*

Petitioner seeks a writ of mandate from this court to compel respondent court to set aside its order granting the motion of real party in interest to suppress evidence.

Carmelo Colon, real party in interest, was arrested for violation of Penal Code section 647, subdivision (f), (being in a public place under the influence of intoxicating liquor).

At approximately...

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