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PEOPLE v. LATHAN

Docket No. 24150.

38 Cal.App.3d 911 (1974)

113 Cal. Rptr. 648

THE PEOPLE, Plaintiff and Appellant, v. RICHARD EARL LATHAN, Defendant and Respondent.

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

May 1, 1974.

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, David E. McCrory and H. Reed Webb, Deputy Public Defenders, for Defendant and Respondent.

OPINION

LILLIE, J.

Defendant was charged with possession of a .22 caliber revolver (§ 12021, Pen. Code) after having been convicted of first degree robbery on December 3, 1969. The People appeal from order suppressing evidence (§ 1538.5, Pen. Code) and dismissing the cause (§ 1385, Pen. Code). The sole issue is whether defendant was initially unlawfully detained.1

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