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PEOPLE v. FLEMING

Docket No. Crim. 21524.

29 Cal.3d 698 (1981)

631 P.2d 38

175 Cal. Rptr. 604

THE PEOPLE, Plaintiff and Respondent, v. SCOTT MONTGOMERY FLEMING, Defendant and Appellant.

Supreme Court of California.

July 20, 1981.

Attorney(s) appearing for the Case

COUNSEL

Jack R. Becker, Maria Tortorelli, Lascher & Wilner and Edward L. Lascher for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Robert F. Katz, Gary R. Hahn and Stephen M. Kaufman, Deputy Attorneys General, for Plaintiff and Respondent.

Stanley M. Roden, District Attorney (Santa Barbara), and Gerald McC. Franklin, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

TOBRINER, J.

Defendant Scott Fleming pled guilty to one count of sale of cocaine (Health & Saf. Code, § 11352) after the trial court denied his motion under Penal Code section 1538.51 to quash a search warrant. He appeals pursuant to section 1538.5, subdivision (m).

Defendant presents two issues. (1a) First, he asserts that...

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