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PEOPLE v. TREVINO

Docket No. 30057.

72 Cal.App.3d 686 (1977)

140 Cal. Rptr. 243

THE PEOPLE, Plaintiff and Respondent, v. ROBERT PENIDA TREVINO, Defendant and Appellant.

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

August 12, 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 Public Defender, Aurelio Munoz and Janice L. Feinstein, 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, Shunju Asari, Frederick R. Millar, Jr., and Mark Alan Hart, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

COMPTON, J.

Robert Penida Trevino pleaded guilty to possession of heroin after his motion to suppress evidence pursuant to Penal Code section 1538.5 was denied. He appeals from the judgment of conviction seeking further review of the seizure of the evidence. We reverse the judgment.

The evidence which defendant would suppress is a rubber balloon containing heroin. The balloon was obtained by the arresting officer when...

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