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PEOPLE v. ROGERS

Docket No. Crim. 20314.

21 Cal.3d 542 (1978)

579 P.2d 1048

146 Cal. Rptr. 732

THE PEOPLE, Plaintiff and Respondent, v. ELBERT SIDNEY ROGERS, Defendant and Appellant.

Supreme Court of California.

June 16, 1978.

Attorney(s) appearing for the Case

COUNSEL

Roblin J. Williamson, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Lawrence P. Scherb II, Norman H. Sokolow and Roy C. Preminger, Deputy Attorneys General, for Plaintiff and Respondent.

Stanley M. Roden, District Attorney (Santa Barbara), Craig A. Smith and Patrick J. McKinley, Deputy District Attorneys, as Amici Curaie on behalf of Plaintiff and Respondent.

OPINION

CLARK, J.

Defendant appeals from judgment of conviction of 3 counts of lewd and lascivious acts upon children under the age of 14 years (Pen. Code, § 288) and of 3 counts of oral copulation of children under the age of 14 years and more than 10 years younger than himself (Pen. Code, § 288a). Defendant's principal attack upon the judgment is that it is based on evidence obtained as a result of an unreasonable search...

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