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PEOPLE v. SUPERIOR COURT (HARRIS)

Docket No. 22184.

100 Cal.App.3d 386 (1979)

160 Cal. Rptr. 880

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; LINDA D. HARRIS, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

December 24, 1979.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and Ronald S. Prager, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Sideman, Meyer & Franco, Michael S. Sideman and Marian Mercedes Modrak for Real Party in Interest.

OPINION

BROWN (Gerald), P.J.

The People have petitioned under Penal Code section 1538.5, subdivision (o) for a writ of prohibition or mandate to compel reversal of an order granting the motion of defendant Linda Harris to suppress evidence.

(1a) The issue presented is whether the decision in People v. Zelinski, 24 Cal.3d 357

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