PEOPLE v. FINCHUM

Docket No. 21947.

33 Cal.App.3d 787 (1973)

109 Cal. Rptr. 319

THE PEOPLE, Plaintiff and Appellant, v. GARY ALVIN FINCHUM, Defendant and Respondent.

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

August 1, 1973.


Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry Wood and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

McDaniel, Plotkin & Bamber, Barry L. Plotkin and James E. Bamber for Defendant and Respondent.


OPINION

HASTINGS, J.

The defendant, Gary Finchum, was charged with two counts of burglary (Pen. Code, § 459) and with three counts of receiving stolen property (Pen. Code, § 496). Finchum's motion under Penal Code section 1538.5 was granted, and the cause was dismissed pursuant to section 1385 of the Penal Code. The People now appeal.

The facts adduced in connection with the section 1538.5 hearing were as follows...

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