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PEOPLE v. SUPERIOR COURT (GALBREATH)

Docket No. 57812.

104 Cal.App.3d 988 (1980)

164 Cal. Rptr. 116

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RODERICK GALBRETH, Real Party in Interest.

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

April 23, 1980.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Harry B. Sondheim and Donald J. Kaplan, Deputy District Attorneys, for Petitioner.

No appearance for Respondent and for Real Party in Interest.

OPINION

STEPHENS, J.

This is a proceeding in mandamus, brought by the People pursuant to Penal Code section 1538.5, subdivision (o), challenging respondent court's order granting real party in interest's motion to suppress evidence.

The facts testified to by the arresting officers are these: At about 9:15 p.m., March 19, 1979, Deputy Tamayo of the Los Angeles Sheriff's Department and his partner, Deputy Bowler, were on patrol...

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