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PHELAN v. SUPERIOR COURT

Docket No. 4332.

90 Cal.App.3d 1005 (1979)

153 Cal. Rptr. 738

SKEET DEWAYNE PHELAN et al., Petitioners, v. THE SUPERIOR COURT OF MARIPOSA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

March 26, 1979.

Attorney(s) appearing for the Case

COUNSEL

Richard L. McMechan for Petitioners.

No appearance for Respondent.

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler and Robert H. Philibosian, Chief Assistant Attorneys General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher, Jana L. Tuton and Gary A. Binkerd, Deputy Attorneys General, for Real Party in Interest.

OPINION

FRANSON, J. —

STATEMENT OF THE CASE

On May 16, 1978, a complaint was filed in the Mariposa Justice Court charging petitioners Skeet Dewayne Phelan and Carol Jean Phelan with cultivating marijuana in violation of Health and Safety Code section 11358. Petitioners pled not guilty and at the preliminary hearing moved to suppress the evidence of marijuana seized on their premises (Pen. Code, § 1538.5). The...

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