PEOPLE v. CLETCHER

Docket No. 40727.

132 Cal.App.3d 878 (1982)

183 Cal. Rptr. 480

THE PEOPLE, Plaintiff and Respondent, v. DALE EDWARD CLETCHER, Defendant and Appellant.

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

June 16, 1982.


Attorney(s) appearing for the Case

COUNSEL

Laura Goldin, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Roy C. Preminger and Robert D. Breton, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

LILLIE, J.

Defendant appeals from a judgment entered on his plea of nolo contendere (receiving stolen property) subsequent to denial of his motion to suppress evidence. The sole appellate issue is whether the affidavit in support of the search warrant sets up sufficient facts to establish good cause for nighttime service.

The following facts were recited in the affidavit of Deputy O'Reilly. On January 28, 1979, and...

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