PEOPLE v. TIDALGO

Docket No. 4732.

123 Cal.App.3d 301 (1981)

176 Cal. Rptr. 463

THE PEOPLE, Plaintiff and Appellant, v. DANNY RAY TIDALGO, Defendant and Respondent.

Court of Appeals of California, Fifth District.

August 5, 1981.


Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and W. Scott Thorpe, Deputy Attorneys General, for Plaintiff and Appellant.

Haynes & Olpin and A. Edwin Olpin for Defendant and Respondent.


OPINION

ZENOVICH, Acting P.J.

The issue before us concerns the correctness of the lower court's dismissal of the proceeding on the basis that a search exceeded the terms of the search condition contained in respondent's terms of probation. For reasons which follow, we conclude the dismissal was proper.

Respondent was charged with unlawfully possessing marijuana for sale in violation of Health and Safety Code section 11359...

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