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PEOPLE v. STAMPER

Docket No. 19989.

106 Cal.App.3d 301 (1980)

164 Cal. Rptr. 801

THE PEOPLE, Plaintiff and Appellant, v. PAULA JEAN STAMPER, Defendant and Respondent.

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

May 1, 1980.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and Morris Lenk, Deputy Attorneys General, for Plaintiff and Appellant.

James C. Hooley, Public Defender, and Jay B. Gaskill, Assistant Public Defender, for Defendant and Respondent.

OPINION

ELKINGTON, J.

The People appeal from the superior court's order, made pursuant to Penal Code section 995, dismissing an information charging Paula Jean Stamper with two Health and Safety Code controlled substance violations, and alleging two prior convictions of such offenses.

The issue presented is whether the magistrate's finding of no Fourth Amendment taint, in the seizure of controlled substances essential to a...

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