MADRIL v. SUPERIOR COURT

Docket No. L.A. 30412.

15 Cal.3d 73 (1975)

539 P.2d 33

123 Cal. Rptr. 465

RICHARD SIERRAS MADRIL, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

August 26, 1975.


Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, Harold E. Shabo, Clark E. Shacklett and Michael Rothschild, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Joseph P. Busch, District Attorney, Harry B. Sondheim and Philip J. McCarthy, Deputy District Attorneys, for Real Party in Interest.


OPINION

CLARK, J.

Charged with felony drunk driving (Veh. Code, § 23101) and vehicular manslaughter (Pen. Code, § 192, subd. 3(a)), petitioner seeks a writ of mandate directing respondent superior court to suppress a blood sample withdrawn from him without warrant or consent following a fatal traffic accident.

Respondent court first granted petitioner's suppression motion, then — upon reconsideration —...

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