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PEOPLE v. COSTELLO

Docket No. A037327.

204 Cal.App.3d 431 (1988)

251 Cal. Rptr. 325

THE PEOPLE, Plaintiff and Appellant, v. RICHARD LEE COSTELLO et al., Defendants and Respondents.

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

September 7, 1988.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Ronald E. Niver and Don Jacobson, Deputy Attorneys General, for Plaintiff and Appellant.

J.R. Rubin, Michael Satris and Juliana Drous, under appointments by the Court of Appeal, for Defendants and Respondents.

OPINION

SMITH, J.

The superior court ordered burglary and receiving stolen property charges against codefendants Richard Lee Costello, William George Bain and Stephen Paul Rainford dismissed after granting defense motions to suppress the fruits of a warrant search on grounds that the warrant affidavit, when retested without misrepresentations made in violation of the federal Constitution under Franks v. Delaware (1978...

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