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PEOPLE v. AYALA

Docket No. 23128.

34 Cal.App.3d 360 (1973)

109 Cal. Rptr. 193

THE PEOPLE, Plaintiff and Appellant, v. DAVID ANGELO AYALA, Defendant and Respondent.

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

September 26, 1973.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry B. Sondheim and Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Harold E. Shabo, Henry Bastien and Ronald B. Davey, Deputy Public Defenders, for Defendant and Respondent.

OPINION

FLEMING, J.

The People appeal an order of the superior court which set aside an information charging David Ayala with sale of heroin.

On 30 May 1972 Ayala sold a powdery substance purporting to be heroin to an undercover agent of the Pomona Police Department. A preliminary chemical analysis by a Pomona narcotics officer indicated the substance contained no opiates, and a felony complaint was filed against Ayala charging...

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