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PEOPLE v. SALDANA

No. B154347.

123 Cal.Rptr.2d 763 (2002)

101 Cal.App.4th 170

The PEOPLE, Plaintiff and Respondent, v. Jose SALDANA, Defendant and Appellant.

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

July 25, 2002.

Attorney(s) appearing for the Case

Law Offices of Allen G. Weinberg, Allen G. Weinberg, Santa Monica, and Derek K. Kowata, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, and Carl N. Henry, Deputy Attorney General, for Plaintiff and Respondent.

CHARLES S. VOGEL, P.J.

INTRODUCTION

Following the denial of his motion to suppress evidence under Penal Code section 1538.5, appellant Jose Saldana pleaded no contest to transportation of marijuana. This appeal is limited to the search and seizure issues. (Pen.Code, § 1538.5, subd. (m).) We reverse. An uncorroborated anonymous tip was insufficient to justify the search and seizure.

FACTS

The following facts are shown by the testimony...

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