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PEOPLE v. POWELL

Docket No. 23314.

33 Cal.App.3d 802 (1973)

109 Cal. Rptr. 399

THE PEOPLE, Plaintiff and Appellant, v. MICHAEL LEE POWELL, Defendant and Respondent.

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

August 3, 1973.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry B. Sondheim and Daniel L. Bershin, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Harold E. Shabo, Damon Swank and A. Jane Fulton, Deputy Public Defenders, for Defendant and Respondent.

OPINION

ASHBY, J.

This is a People's appeal, pursuant to Penal Code section 1238, subdivision (a) (1), from an order of the superior court granting defendant Powell's motion under Penal Code section 995 to dismiss the information against him. The trial court's order was based on the ground that the initial detention of the vehicle in which defendant was riding was unlawful and that therefore the evidence seized subsequent to that...

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