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  5. 116 Cal.Rptr.2d 198 (2002)
 

PEOPLE v. TONEY

No. C035564.

116 Cal.Rptr.2d 198 (2002)

95 Cal.App.4th 941

The PEOPLE, Plaintiff and Appellant, v. Roosevelt Lorenzo TONEY, Defendant and Respondent.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing February 25, 2002.

Review Granted April 17, 2002.

Attorney(s) appearing for the Case

John D. Phillips, District Attorney, Kevin A. Hicks, Deputy District Attorney, for Plaintiff and Appellant.

Erlinda G. Castro, Berkeley, under appointment by the Court of Appeal, for Defendant and Respondent.

BLEASE, J.

The People appeal from an order denying their Penal Code section 871.5 1 motion to reinstate a second felony complaint, which was dismissed pursuant to section 871 for insufficient evidence as a consequence of the granting of the defendant's second motion to suppress evidence.

The initial complaint charged defendant with narcotic offenses based on evidence seized in the search of his car following a traffic stop. He...

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