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PEOPLE v. DIVITO

Docket No. 44541.

152 Cal.App.3d 11 (1984)

199 Cal. Rptr. 278

THE PEOPLE, Plaintiff and Appellant, v. ANTONIO DIVITO, Defendant and Respondent.

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

February 17, 1984.

Attorney(s) appearing for the Case

COUNSEL

Robert H. Philibosian, District Attorney, Donald J. Kaplan and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant.

William Littlefield, Public Defender, Laurence M. Sarnoff, Lee Hitch and Leighton A. Nugent, Deputy Public Defenders, for Defendant and Respondent.

OPINION

COMPTON, J.

Antonio Divito was charged by information with possessing phencyclidine (PCP) for purposes of sale. (Health & Saf. Code, § 11378.5.) A motion to suppress evidence pursuant to Penal Code section 1538.5 was granted and the case dismissed, and as authorized by Penal Code section 1238, subdivision (a)(7), the People appeal.

The motion to suppress was...

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