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PEOPLE v. WILMARTH

Docket No. 11600.

132 Cal.App.3d 383 (1982)

183 Cal. Rptr. 176

THE PEOPLE, Plaintiff and Appellant, v. THOMAS WILMARTH, Defendant and Respondent.

Court of Appeals of California, Third District.

May 28, 1982.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Ramon M. de la Guardia, Deputy Attorneys General, for Plaintiff and Appellant.

Nicholas C. Holt for Defendant and Respondent.

OPINION

PUGLIA, P.J.

An information charging defendant with cultivation of marijuana (Health & Saf. Code, § 11358) was dismissed following an order of the trial court suppressing evidence of 515 growing marijuana plants (Pen. Code, § 1538.5, subd. (j)) and a finding that there was insufficient evidence to proceed with the prosecution (Pen. Code, § 1385). The People appeal. The issue concerns the extent of the privacy...

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