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SMITH v. SUPERIOR COURT

Docket Nos. 51188, 51215.

76 Cal.App.3d 731 (1978)

143 Cal. Rptr. 109

LOUIS DENVER SMITH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. DANNY JOSEPH FABRICANT, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

January 11, 1978.

Attorney(s) appearing for the Case

COUNSEL

Danny Joseph Fabricant, in pro. per., Plotin & Stovack and Richard Plotin for Petitioners.

No appearance for Respondent.

John K. Van de Kamp, District Attorney, Harry B. Sondheim, Donald J. Kaplan and Daniel L. Bershin, Deputy District Attorneys, for Real Party in Interest.

OPINION

KINGSLEY, J.

(1a) These two petitions raise important questions as to the procedure by which a defendant may obtain a pretrial appellate review of a trial court's ruling on a motion under subdivision (i) of Penal Code section 1538.5.1

A defendant in a felony case, seeking to avoid the use of evidence obtained by an unreasonable...

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