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PEOPLE v. MATHEWS

Docket No. B068663.

25 Cal.App.4th 89 (1994)

30 Cal. Rptr. 330

THE PEOPLE, Plaintiff and Respondent, v. KLEE GREEN MATHEWS, Defendant and Appellant.

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

May 25, 1994.

Attorney(s) appearing for the Case

COUNSEL

Susanne C. Wylie, under appointment by the Court of Appeal, for Defendant and Appellant.

Gertrude D. Chern and Soma F. Baldwin as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Robert Carl Schneider and Alison Braun, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

Klee Green Mathews was convicted in a jury trial of exhibiting a firearm in the presence of a peace officer (Pen. Code, § 417 subd. (c), formerly subd. (b)), a lesser and necessarily included offense of assault upon a peace officer with a firearm. (Pen. Code, § 245 subd. (d)(1)). Probation was granted upon certain terms and conditions. Prior thereto, he unsuccessfully brought a motion to suppress evidence...

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