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BATTS v. SUPERIOR COURT

Docket No. 11825.

23 Cal.App.3d 435 (1972)

100 Cal. Rptr. 181

STEVEN WILLIAM BATTS, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

February 9, 1972.

Attorney(s) appearing for the Case

COUNSEL

Frank L. Williams, Jr., Public Defender, James R. Goff and David W. Duncan, Deputy Public Defenders, for Petitioner.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, and Oretta D. Sears, Deputy District Attorney, for Respondent and Real Party in Interest.

OPINION

GARDNER, P.J.

Petitioner was charged with possession of marijuana and restricted dangerous drugs. A motion for dismissal under the provisions of section 995 of the Penal Code was denied and the petitioner filed a petition for writ of prohibition.

At 9:30 p.m. on April 9, 1971, Officer Jacobs of the Newport Beach Police Department saw a Volkswagen van parked in a public...

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