PEOPLE v. SMITH

Docket No. 37761.

120 Cal.App.3d 282 (1981)

174 Cal. Rptr. 585

THE PEOPLE, Plaintiff and Appellant, v. KELLY MICHAEL SMITH, Defendant and Respondent.

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

June 12, 1981.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Dirk L. Hudson, Deputy District Attorneys, for Plaintiff and Appellant.

William E. Collins, under appointment by the Court of Appeal, for Defendant and Respondent.


OPINION

BEACH, J.

Defendant was charged by information with possession of cocaine. He successfully moved in the superior court for dismissal of the information. This appeal by the People followed. We reverse.

FACTS:

In the early morning hours on August 28, 1979, Officer Baker of the Los Angeles Police Department, assigned to the Van Nuys division, was on duty in a marked police vehicle on Ventura Boulevard near Firmament...

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