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  5. 147 Cal.App.3d 281 (1983)
 

PEOPLE v. SUPERIOR COURT (BROTHERTON)

Docket No. AO21494.

147 Cal.App.3d 281 (1983)

195 Cal. Rptr. 96

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ROBERT F. BROTHERTON, Real Party in Interest.

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

September 23, 1983.

Attorney(s) appearing for the Case

COUNSEL

Leo Himmelsbach, District Attorney, and Joseph V. Thibodeaux, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Sheldon Portman, Public Defender, and Stephen B. Elrick, Deputy Public Defender, for Real Party in Interest.

OPINION

NEWSOM, J.

The People seek a writ of mandate (Pen. Code, § 1538.5, subd. (o))1 compelling the Santa Clara County Superior Court2 to set aside its order of January 24, 1983, granting real party Brotherton's motion to suppress evidence.

Real party is charged with a violation of section 459 (burglary), allegedly...

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