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PEOPLE v. GALLEGOS

Docket No. F025107.

54 Cal.App.4th 252 (1997)

THE PEOPLE, Plaintiff and Respondent, v. GEORGE LLANES GALLEGOS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

April 15, 1997.

Attorney(s) appearing for the Case

COUNSEL

Robert Spertus, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, W. Scott Thorpe and Janet Gaard, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HARRIS, J.

We, herein, find constitutional those provisions of Penal Code section 1538.5 which permit the prosecution, following the grant of a motion to suppress evidence first made in the superior court, to dismiss the case, refile the charges and oppose a subsequent superior court suppression motion without binding effect of the first ruling.

STATEMENT OF THE CASE...

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