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PEOPLE v. SUPERIOR COURT (WESTBROOK)

Docket No. D017961.

15 Cal.App.4th 41 (1993)

18 Cal. Rptr.2d 617

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; EARL FRANK WESTBROOK, Real Party in Interest.

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

April 22, 1993.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Evan G. Miller, Deputy District Attorney, Daniel E. Lungren, Attorney General, and John A. Gordnier, Assistant Attorney General, for Petitioner.

No appearance for Respondent.

Eugene G. Iredale for Real Party in Interest.

OPINION

TODD, J.

The People seek a writ of mandate after the court granted Earl Frank Westbrook's (Westbrook) motion to suppress tape recordings of certain telephone conversations. Westbrook argued, inter alia, there was no timely order regarding sealing and the tapes had never been delivered to the judge as purportedly required by Penal Code1 section 629.14. The court granted the motion based on the government...

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