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PEOPLE v. SWEETSER

Docket No. 2978.

72 Cal.App.3d 278 (1977)

140 Cal. Rptr. 82

THE PEOPLE, Plaintiff and Respondent, v. JOHN ALLEN SWEETSER, Defendant and Appellant.

Court of Appeals of California, Fifth District.

July 29, 1977.

Attorney(s) appearing for the Case

COUNSEL

Lillick, McHose & Charles, R. Frederic Fisher and Barbara H. Buggert for Defendant and Appellant.

Evelle J. Younger, Attorney General, N. Gregory Taylor and Jan Stevens, Assistant Attorneys General, as Amici Curiae on behalf of Defendant and Appellant.

Albert M. Leddy, District Attorney, and Stephen M. Tauzer, Deputy District Attorney, for Plaintiff and Respondent.

OPINION

GARGANO, J.

This litigation, though labeled a criminal prosecution, is in reality a civil dispute between two private individuals. Appellant is a resident of Kern County with an avocation for the sport of kayaking. His antagonist is George Nickel, Jr., who owns the Rio Bravo Ranch in Kern County. The dispute centers upon appellant's right to use a small unimproved portion of...

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