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TUCKER v. SUPERIOR COURT

Docket No. 4015.

84 Cal.App.3d 43 (1978)

148 Cal. Rptr. 167

LEWIS G. TUCKER, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

July 21, 1978.

Attorney(s) appearing for the Case

COUNSEL

Melvin W. Nitz, Public Defender, and Barbara S. James, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and Edmund D. McMurray, Deputy Attorneys General, for Real Party in Interest.

OPINION

FRANSON, J. —

STATEMENT OF THE CASE

Petitioner is charged by information with six counts of robbery (Pen. Code, § 211). It is also alleged that petitioner used a firearm during the commission of the offense (Pen. Code, §§ 12022.5 and 1203.06, subd. (a)(1)). Petitioner filed a pretrial motion to suppress evidence pursuant to Penal Code section 1538.5 and requested a hearing de novo. He thereafter...

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