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RODRIGUEZ v. SUPERIOR COURT

Docket No. 44552.

87 Cal.App.3d 822 (1978)

151 Cal. Rptr. 233

OSCAR A. RODRIGUEZ, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent, THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

December 26, 1978.

Attorney(s) appearing for the Case

COUNSEL

Rose & Dettmer, Ronald W. Rose and Thomas H. Dettmer for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg and John H. Sugiyama, Deputy Attorneys General, for Real Party in Interest.

OPINION

WHITE, P.J.

We are petitioned for a writ of mandate following the finding of the Superior Court of Santa Clara County (Marc B. Poche, Judge) that two inaccurate statements in affidavit supporting search warrant were reasonable errors made in good faith and therefore did not have to be excised pursuant to the holding of Theodor v. Superior Court (1972) 8 Cal.3d 77, 100-101...

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