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PEOPLE v. DYAS

Docket No. 34361.

100 Cal.App.3d 464 (1979)

161 Cal. Rptr. 39

THE PEOPLE, Plaintiff and Respondent, v. CLARENCE DYAS, Defendant and Appellant.

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

December 26, 1979.

Attorney(s) appearing for the Case

COUNSEL

Richard H. Levin, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Robert F. Katz, William R. Pounders, John R. Gorey and Dixie Moe, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

POTTER, Acting P.J.

This appeal involves the validity of a prosecutor's determination of a defendant's ineligibility for diversion pursuant to Penal Code1 section 1000, subdivision (a)(3),2 based solely on suppressed evidence. We will conclude that evidence that has been ordered suppressed following a successful motion under section 1538.5 cannot support such a determination...

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