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PEOPLE v. MATELSKI

No. E025259.

98 Cal.Rptr.2d 543 (2000)

82 Cal.App.4th 837

The PEOPLE, Plaintiff and Appellant, v. Herminia MATELSKI et al. Defendants and Respondents.

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

Rehearing Denied August 24, 2000.

Review Denied November 15, 2000.

Attorney(s) appearing for the Case

Dennis L. Stout, District Attorney, Grover D. Merritt and Reza Sadeghi, Deputy District Attorneys, for Plaintiff and Appellant.

Andrew E. Rubin, Santa Monica, under appointment by the Court of Appeal, for Defendant and Respondent Herminia Matelski.

Susan S. Bauguess, Running Springs, under appointment by the Court of Appeal, for Defendant and Respondent Raymond Matelski.

OPINION

HOLLENHORST, Acting P.J.

The People appeal denial of a motion to reinstate a criminal complaint under Penal Code section 871.5.1 (§ 1238, subd. (a)(9).) The People contend that section 871.5 allows a motion for reinstatement when the superior court determines the magistrate erred in granting a suppression motion under section 1538.5. On the merits, the People contend the magistrate erred in finding that the officers...

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