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PEOPLE v. DAVITT

Docket No. 26854.

56 Cal.App.3d 845 (1976)

128 Cal. Rptr. 805

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH HAROLD DAVITT, Defendant and Appellant.

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

March 30, 1976.

Attorney(s) appearing for the Case

COUNSEL

Jeffrey C. McIntyre, under appointment by the Court of Appeal, and Buzard, Larson & McIntyre for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Russell Iungerich and Carol Wendelin Pollack, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ASHBY, J.

Appellant pleaded guilty to possession of marijuana (Health & Saf. Code, § 11357) after the trial court denied his motion to suppress evidence, and he appeals pursuant to Penal Code section 1538.5, subdivision (m).

At 4:45 a.m. on February 9, 1974, Deputy Sheriffs Rust and Schilling stopped a 1966 Chevrolet on Santa Monica Boulevard because it had no...

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