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PEOPLE v. HOWARD

Docket No. 28270.

62 Cal.App.3d 1019 (1976)

133 Cal. Rptr. 505

THE PEOPLE, Plaintiff and Appellant, v. WAYNE HOWARD, Defendant and Respondent.

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

October 22, 1976.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Harold E. Shabo, Dennis Cohen and Maitland Montgomery, Deputy Public Defenders, for Defendant and Respondent.

OPINION

BEACH, J.

The People appeal, pursuant to Penal Code section 1238, subdivision (a)(7), from an order of the superior court dismissing a pending criminal prosecution pursuant to Penal Code section 1385 after that court granted the defendant's motion to suppress on the ground that the evidence was the product of an unlawful entry to serve a search warrant for failure to comply with Penal Code section 1531.

The facts present...

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