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PEOPLE v. SUPERIOR COURT (WELLS)

Docket No. L.A. 31232.

27 Cal.3d 670 (1980)

612 P.2d 962

165 Cal. Rptr. 872

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOHNNY WELLS, JR., Real Party in Interest.

Supreme Court of California.

July 10, 1980.

Attorney(s) appearing for the Case

COUNSEL

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

No appearance for Respondent.

Drees & Carney and Michael C. Carney for Real Party in Interest.

OPINION

CLARK, J.

The People petition for writ of mandate (Pen. Code, § 1538.5, subd. (o))1 seeking review of respondent court's order suppressing evidence in a murder prosecution (§ 187) as the fruit of an illegal arrest. In granting the suppression motion, the trial judge expressly resolved "all issues of credibility and fact in favor of the People." Therefore, as the judge stated: "The only...

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