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PEOPLE v. SUPERIOR COURT (BROWN)

Docket No. 60124.

111 Cal.App.3d 948 (1980)

168 Cal. Rptr. 915

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ROBERT LEE BROWN, Real Party in Interest.

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

November 10, 1980.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Roderick W. Leonard, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Hideo Nakano and James M. Hallett, Deputy Public Defenders, for Real Party in Interest.

OPINION

LILLIE, J.

This case is before us on petition for writ of mandate brought by the People pursuant to section 1538.5, subdivision (o), Penal Code, subsequent to order granting defendant's motion to suppress evidence (§ 1538.5, Pen. Code). The felony case against defendant is still pending before the superior court not having been dismissed under section 1385, Penal Code, thus writ of mandate is a proper remedy.

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