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PEOPLE v. SMITH

D036108.

115 Cal.Rptr.2d 483 (2002)

95 Cal.App.4th 283

The PEOPLE, Plaintiff and Respondent, v. Mark H. SMITH, Defendant and Appellant.

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

Rehearing Denied February 7, 2002.

Review Denied April 10, 2002.

Attorney(s) appearing for the Case

Lewis A. Wenzell, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and Gary W. Brozio, Deputy Attorneys General, for Plaintiff and Respondent.

McDonald, J.

Mark H. Smith appeals a judgment entered following his guilty plea to one count of possession of methamphetamine for sale (Health & Saf.Code, § 11378). Smith contends the trial court erred by denying his Penal Code section 1538.5 1 motion to suppress evidence seized during a police search of the trunk of the car he was driving. He argues the prosecution did not prove, and the court precluded evidence and argument...

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