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COURT OF APPEAL v. SUPERIOR COURT

Docket No. L.A. 30648.

21 Cal.3d 121 (1978)

577 P.2d 1013

145 Cal. Rptr. 673

THE COURT OF APPEAL, SECOND APPELLATE DISTRICT, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CHRISTOPHER A. SPELIO, Real Party in Interest.

Supreme Court of California.

April 26, 1978.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Roger W. Boren and William R. Pounders, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Herbert M. Rosenthal and Ronald W. Stovitz as Amici Curiae on behalf of Petitioner.

Christopher A. Spelio, in pro. per., for Real Party in Interest.

Leo Paoli, Arthur M. Sohcot, Maryjane Mulholland, Peter H. Meyers and Gordon S. Brownell as Amici Curiae on behalf of Real Party in Interest.

OPINION

MOSK, J.

(1) Real party in interest Spelio was convicted in 1969 of possession of marijuana (former Health & Saf. Code, § 11530), and the conviction was affirmed on appeal (People v. Spelio (1970) 6 Cal.App.3d 685 [86 Cal.Rptr. 113]). On February 25, 1976, Spelio...

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