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PEOPLE v. KAAIENAPUA

Docket No. 29601.

70 Cal.App.3d 283 (1977)

138 Cal. Rptr. 651

THE PEOPLE, Plaintiff and Respondent, v. KANAKE KAAIENAPUA, Defendant and Appellant.

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

May 31, 1977.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, Janice L. Feinstein and Aurelio Munoz, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, James H. Kline and Jack T. Kerry, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HASTINGS, J.

Kanake Kaaienapua was convicted by plea of possessing heroin (Health & Saf. Code, § 11350). Prior thereto he unsuccessfully brought a motion pursuant to Penal Code section 1538.5. He was sentenced to state prison and appeals contending: "I. Evidence obtained as a result of police eavesdropping from the vacant adjacent apartment should have been excluded...

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