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PEOPLE v. EVANS

Docket No. 2538.

65 Cal.App.3d 924 (1977)

134 Cal. Rptr. 436

THE PEOPLE, Plaintiff and Respondent, v. ROBERT DONALD EVANS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

January 14, 1977.

Attorney(s) appearing for the Case

COUNSEL

Jackson S. Wallace, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Marjory Winston Parker and John R. Duree, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (G.A.), P.J.

Pursuant to a plea bargain appellant, Robert Donald Evans, pleaded guilty to possession of marijuana for sale (Health & Saf. Code, § 11359). He appeals from the judgment, raising search and seizure issues pursuant to Penal Code section 1538.5, subdivision (m).

Determinative of the cause is our conclusion that the police officers did not have sufficient justification to stop and detain appellant...

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