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PEOPLE v. PEREZ

Docket No. 28260.

64 Cal.App.3d 297 (1976)

134 Cal. Rptr. 338

THE PEOPLE, Plaintiff and Appellant, v. REYMUNDO FRAUSTO PEREZ, Defendant and Respondent.

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

November 29, 1976.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Jay J. Becker, Deputy District Attorneys, for Plaintiff and Appellant.

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

OPINION

COBEY, Acting P.J.

The People of the State of California appeal from a judgment of dismissal following the grant of a Penal Code section 1538.5 motion by defendant, Reymundo Frausto Perez, to suppress certain evidence (a balloon of heroin). The appeal lies. (Pen. Code, § 1238, subd. (a)(7).)

Defendant was charged with possession of heroin, a violation of Health and Safety Code section 11350. The charge stemmed...

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