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PEOPLE v. MORENO

Docket No. 16289.

67 Cal.App.3d 962 (1977)

134 Cal. Rptr. 322

THE PEOPLE, Plaintiff and Respondent, v. JAVIER MORENO, Defendant and Appellant.

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

March 10, 1977.

Attorney(s) appearing for the Case

COUNSEL

James C. Hooley, Public Defender, and Anne M. Harris, Assistant Public Defender, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Sanford Svetcov, Deputy Attorney General, D. Lowell Jensen, District Attorney, T.W. Condit and William A. McKinstry, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

ELKINGTON, J.

A police officer, during the course of an investigative detention of defendant Moreno and his automobile, observed in plain sight a "billy," the possession of which is proscribed by Penal Code section 12020. The weapon was seized and Moreno was arrested. In the municipal court, where he was charged as a misdemeanant, he unsuccessfully moved under Penal Code section 1538.5 to suppress the use of the weapon as...

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