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McQUILLAN v. APPELLATE DEPARTMENT

Docket No. 40721.

71 Cal.App.3d 543 (1977)

139 Cal. Rptr. 514

PATRICIA McQUILLAN et al., Petitioners, v. THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; CITY OF SAN JOSE et al., Real Parties in Interest.

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

June 20, 1977.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, Bruce Lo Pucki and Richard C. Neuhoff, Deputy Public Defenders, for Petitioners.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins, Sanford Svetcov and Dane R. Gillette, Deputy Attorneys General, for Real Parties in Interest.

OPINION

EMERSON, J.*

Petitioners, who are charged with misdemeanors in the municipal court (real party), moved in that court for the suppression of certain evidence pursuant to Penal Code section 1538.5. The motion was granted and the People appealed to respondent appellate department on the superior court. (Pen. Code, § 1538.5, subd. (j), fourth sentence.)

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