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ONDARZA v. SUPERIOR COURT

Docket No. 5267.

106 Cal.App.3d 195 (1980)

164 Cal. Rptr. 892

CARLOS ROQUE ONDARZA, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

May 27, 1980.

Attorney(s) appearing for the Case

COUNSEL

Gomes, Gomes, Fiske & Berman and Gene M. Gomes for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Charles P. Just, Nancy L. Sweet and David DeAlba, Deputy Attorneys General, for Real Party in Interest.

OPINION

BROWN (G.A.), P.J.

Petitioner, Carlos Roque Ondarza, seeks a pretrial writ of mandate directing the trial court to grant his motion to dismiss (Pen. Code, § 995) and to suppress evidence (Pen. Code, § 1538.5). The motions were heard upon the preliminary hearing testimony and the testimony elicited at the de novo hearing on the motions.

The petitioner was charged...

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