PEOPLE v. GOMEZ

Docket No. 21159.

26 Cal.App.3d 928 (1972)

103 Cal. Rptr. 453

THE PEOPLE, Plaintiff and Appellant, v. JOHN LEON GOMEZ, Defendant and Respondent.

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

July 27, 1972.


Attorney(s) appearing for the Case

COUNSEL

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

Richard S. Buckley, Public Defender, James L. McCormick, Richard M. Vega, Harry W. Brainard and Harold E. Shabo, Deputy Public Defenders, for Defendant and Respondent.


OPINION

THOMPSON, J.

This is a People's appeal from an order dismissing an information charging respondent with possession of secobarbital entered after respondent's motion to suppress evidence of the contraband was granted. We reverse the order.

At 12:11 a.m., on April 30, 1971, respondent was arrested for misdemeanor drunk driving in violation of Vehicle Code section 23102. The arresting officer was of the opinion that respondent...

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